chapter 5 Flashcards
(27 cards)
exceptions to the fourth amendment
-five types of warrantless actions that requirement probable cause
-they are called exceptions to the warrant requirement because the actions at issue do not need to be supported by warrant
-searches incident to arrest
-searches in the presence of exigent circumstances
-searches involving automobiles
-searches based on the “plain view” doctrine
-certain arrests, such as arrests made in public
search incident to arrest
-Chimel v California
-police officers are permitted to engage in a search of a suspect incident to arrest
limitations of search incident to arrest
-the person arrested and any containers discovered from that search
-the arrestee’s immediate grabbing area
-timing of the search
-scope of the search
warrantless arrest
-exigent circumstances
-hot pursuit
-likelihood of escae of danger to others absent of hot pursuit
-evanescent evidence
hot pursuit
-the person being pursued has committed a serious offense
-the person will be found on the premises the police seek to enter
-the suspect will escape or harm someone or evidence will be lost or destroyed
-the pursuit originates from a lawful vantage point
-the scope and timing of the search are reasonable
exigent circumstances
permissible when:
-there is probable cause to believe that evidence will be destroyed, lost, or devalued
-the procedures employed are reasonable
-the exigency was not police created
automobile searches
-Carroll v US
permissible when:
-there is probable cause to believe that vehicle contains evidence of a crime
-security a warrant is impractical
automobile search requirements
-the exception must only apply to automobiles
-with one exception, such a search must be premised on probable cause
-must be impractical to obtain a warrant
vehicle vs non-vehicle
-mobile or stationary
-licensed or not
-connected to utilities or not
-convenient road access or not
consent searches
-scope of consent
-third party consent
-apparent authority
Coolidge v New Hampshire
plain-view seizure is authorized when:
-the police are lawfully in the area where the evidence is located
-the items are immediately apparent as subject to seizure
-the discovery of the evidence is inadvertent
warantless arrests
-arrests based on exigent circumstances
-arrests in public places
US v Robinsons
the court reversed a lower court’s decision that only a pat down of the suspect’s outer clothing was permissible following an arrest for driving with a revoked license
Gustafson v Florida
the court upheld the search of a suspect after his arrest for failure to have his driver’s license
Knowles v Iowa
any arrest justifies a warrantless search incident to that arrest, a key restriction is that the arrest must result in a person being taken into custody
Sibron v New York
probable cause must precede the warrantless search
Rawlings v Kentucky
if probable cause to arrest is in place, the officer is not required to formally arrest the suspect before engaging in the search
Preston v US
justifications for the search incident to arrest are absent where a search is remote in time or place from the arrest
US v Edwards
searches and seizures that could be made on the spot at the time of arrest may legally be conducted later when the accused arrives at the place of detention
