Arrests and Incident to Arrest

Question 1

Under modern statutes, arrests without warrants for misdemeanors are OK if ___

Answer 1

• committed in officer presence
• DV/violation of protective order
• attempting to flee/destruction of evidence

Question 2

Dunaway holds that all ____

Answer 2

custodial arrests must be based on PC

Question 3

For felonies, warrantless arrests are generally ___

Answer 3

authorized irregardless of whether committed in officer presence (Watson)

Question 4

Watson facts

Answer 4

get tip stolen credit cards, arrest without warrant and don’t find stolen cards but he consents to search fo car where stolen cards are found

Question 5

Watson rule

Answer 5

Congress can authorize warrantless arrest in public place for felony as long as PC

Question 6

McLaughlin holds that a defendant arrested withotu a warrant and held in custody ___

Answer 6

must get judicial determination of whether arrest met PC within 48 hours

Question 7

Payton requires that ___

Answer 7

you have arrest warrant to arrest someone in private home

Question 8

Payton requirements for private home arrest

Answer 8

• arrest warrant with PC
• only execute when reason to believe suspect in the home
  (unless exigent)

Question 9

Arrest at front door hypo

Answer 9

probably not unless stepped on threshold of the porch

Question 10

Steagald held that an arrest warrant ___

Answer 10

does not justify search of home of someone other than arrestee

Question 11

Livingston thinks Steagald is strange because ___

Answer 11

broader protection in another person’s home than their own

Question 12

Atwater is the case about ___

Answer 12

mother arrested for not wearing seatbelt

Question 13

Atwater rule says that if police have ______ can arrest without a warrant regardless of ____

Answer 13

PC individual committed an offense, how minor offense is

Question 14

O’Connor Atwater dissent

Answer 14

PC + facts/circumstances that reasonably warrant custodial arrest

Question 15

Atwater shows court thinks 4A not concerned with ___

Answer 15

regulating police discretion in low level offenses (which is broader than in felony cases)

Question 16

Whether and how vigorously a police depart enforces low level offense is subject to ____ and not _____ control

Answer 16

political, constitutional or court

Question 17

Whren is about ___

Answer 17

motive

Question 18

Whren holds that motive doesn’t affect ____ so long as ____

Answer 18

constitutionality of stop, PC to believe traffic violation

Question 19

Search incident to arrest means ___

Answer 19

doesn’t need to be PC for search following the arrest

Question 20

For search incident to arrest, the underlying arrest ___

Answer 20

must be lawful

Question 21

Under ___, a search incident to arrest extends only to _____

Answer 21

Chimel, grabbable/reachable space surrounding arrestee

Question 22

Under Riley, police must generally ___

Answer 22

get warrant before searching contents of phone (can seize phone itself but not look through contents without warrant)

Question 23

Robinson does not extend ___

Answer 23

to searches of data on cell phones

Question 24

Robinson holds that a full search of the arrestee’s person is ___ and that ___

Answer 24

both exception to warrant AND reasonable, items found on arrestee’s person may also be searched

Question 25

Buie holds that police officers may without PC or reasonable suspicion ____

Answer 25

look in closets and other spaces immediately adjoining place of arrest from which attack could be immediately launched

Question 26

Under Buie, a protective sweep only extends to ___

Answer 26

cursory inspection of spaces where a person may be found

Question 27

Under Buie, to look in additional areas not immediately adjoining place of arrest, the police must have ___

Answer 27

articulable suspicion that area being swept harbors an individual posing danger to those present

Question 28

Belton + Chimel authorize police to search a vehicle incident to arrest only when _____ AND ____

Answer 28

arrestee unsecure, within reaching distance of the passenger compartment at time of the search

Question 29

Belton does not authorize ___

Answer 29

vehicle search incident to recent occupant's arrest after the arrestee secured and cannot access interior of the vehicle

Question 30

Under ___, a search incident to arrest is permitted in the auto context when it is ___

Answer 30

Gant, reasonable to believe evidence of offense for which defendant was arrested might be found in the vehicle

Question 31

Inventory search doctrine is ___ and it comes from ___

Answer 31

police may inventory everything on arrestee's person (and if arrested in a car his car) without PC, Bertine

Question 32

Under Bertine if police use inventory as an ________ then evidence may be suppressed

Answer 32

opp to search (motive matters)

Question 33

In Chimel, officers tried to search ___

Answer 33

entire house incident to arrest

Question 34

Justification for Chimel

Answer 34

reasonable to search person and areas around for officer safety and to preserve evidence

Question 35

Chimel says if allowed search of home incident to arrest then ___

Answer 35

police would choose to arrest at home to search without a warrant

Question 36

Marshall's dissent in Robinson says that ___

Answer 36

decision will facilitate pretextual arrests

Question 37

Belton was ___ by Gant

Answer 37

overturned

Question 38

Police guidance after Gant is to arrest motorist and search him then release with violation unless ____

Answer 38

search turns up more evidence

Question 39

Riley justifications

Answer 39

- phone contents alone can't threaten officer safety - more significant intrusion on privacy

Question 40

In Riley, the court cites ___

Answer 40

Scalia's Houghton balancing test