With Warrant Flashcards
With Warrant
Absent specific exceptions, police need a warrant to search where there is reasonable expectation of privacy
Without Warrant
Officers can make warrantless arrests if they have probable cause in specific circumstances. However, once an officer makes a warrantless arrest, if the defendant will not be brought to court for arraignment within 24 hours of arrest, you must contact a judicial officer to evaluate the facts and make a determination that probable cause exists.
Investigative stops/ Terry Stops/ threshold inquiries
Search incident to arrest
Consent searches
Another exception to the warrant requirement is a consent search. A consent search is a warrantless search where a person allows officers to search places where the person consenting has a reasonable expectation of privacy. For consent to be valid, an officer who requests consent must be lawfully present and the person who gives consent must have the authority to consent and do so voluntarily.
Plain View
The plain view doctrine allows police to seize evidence of a crime without a search warrant when officers are lawfully present in a place and clearly see items that are contraband or evidence of a crime out in the open.
On people/ places/ curtilage/ and vehicles
Curtilage is the immediate area surrounding a dwelling that generally includes driveways, gardens, decks, swimming pools, garages, and storage sheds. (Where the amazon delivery driver can walk up to, Officers can do so as well.)
Exigent Circumstances
Allows police to make entry and conduct searches without warrant in places where a reasonable expectation of privacy exists. This exists when there is BOTH probable cause to search and a reasonable likelihood of danger to officers or third parties absent immediate police action or of imminent removal destruction of evidence or risk of flight by a wanted person.
Inventories
The final type of searches police encounter are inventories. They are not investigative searches. The purpose of an inventory is to safeguard the owner’s property, protect the police from accusations of theft and, in the case of a detained person, to protect the place of detention for introducing dangerous items into that environment.
