POV- SECOND LOOK DOCTRINE

Question 0

Can an officer search an inmates booked property if NO PROBABLE CAUSE EXISTS?

Answer 0

YES; under the following conditions 1) the item was subject to search during booking,2) and the search was conducted in a reasonable manner

Question 1

IS A WARRANT REQUIRED TO GO BACK AND SEARCH AN INMATES PROPERTY ONCE IT IS BOOKED?

Answer 1

NO; a warrant is not required to search an item if there is probable cause to believe it is evidence I a crime

Question 2

WHY IS AN INMATES PROPERTY SEARCHABLE WITHOUT A WARRANT?

Answer 2

Prisoner does NOT enjoy reasonable expectation of privacy when seizable evidence is in the LAWFUL POSSESSION of a LAW ENFORCEMENT AGENCY

Question 3

In the second look doctrine, what is considered “subject to search”?

Answer 3

INCIDENT TO ARREST

DURING BOOKING

ITEMS THAT COULD HAVE BEEN LAWFULLY OBSERVED AT EITHER TIME

= NO WARRANT REQUIRED

Question 4

Does it matter if a substantial time has passed before taking a “second look”?

Answer 4

NO

Question 5

Is a second look permitted even though there was not a “first look”?

Answer 5

YES: as long as officers COULD HAVE taken a first look

Question 6

Under what conditions may PROPERTY INSIDE A CONTAINER be searched?

Answer 6

1) O opened the container during booking/arrest, saw contents OR
2) the contents were subject to search when the prisoner was booked

“All property inside a container is subject to a second look “