Chapter 6 Flashcards
In what case did the Supreme Court state that a search incident to arrest is permitted “to remove any weapons that the arrestee might seek to use in order to resist arrest or effect his escape” and “to seize any evidence on the arrestees person in order to prevent its concealment or destruction”
Chimel v. California
What are examples of warrant less actions based on probable cause?
- Search incident to arrest
- Search and arrests based on exigent circumstances
- Automobile searches
- Seizure of evidence based on plain view
What are the three types of exigencies recognized by the courts that authorize the police to act without a warrant?
- Hot pursuit
- Likelihood of escape or danger to others
- “Evanescent” evidence
In what case did the Supreme Court decide the automobile exception to the fourth amendments warrant requirement?
Carroll v. United States
What are the three requirements that must be met for a valid warrant less vehicle search?
- The exception applies only to vehicles
- Such search must premised on probable cause
- It must be impractical to obtain a warrant
What are the two plain view doctrine requirements?
- Officers must have lawful access to the objects
2. The object must be immediately apparent as criminal evidence
Distinguish particularity requirement for a search warrant as opposed to an arrest warrant.
Search warrant you need specific information (ex. Place, weapon, drug, etc.)
Arrest warrant you just need the name of the person
What is a “john doe” warrant and when can police obtain one?
John Doe warrant is when they don’t have a name for the person but the have a specific detail or fact that describes them.
Why is it important to distinguish between a “stop” and an “arrest”? What are the two factors considered in determining when a stop evolves into an arrest?
During a stop you can leave and it’s reasonable suspicion
An arrest you can’t leave and it’s probable cause
What are the reasons for requiring officers to “knock and announce”? Is it always required?
For officer safety
It’s not always required (ex. No knock warrant, if it’s a hostile person
In Tennessee v. Garner, what was the court’s position regarding the use of deadly force?
Only if the officer or public safety is in danger :)
Are the police ever liable for property damage resulting from a search?
Yes but only if they “shock the conscious”
What is the reasoning behind allowing a search incident to arrest?
It is for the safety of the officer and to make sure the arrestee doesn’t have any weapons or other evidence on them
List and describe three types of exigencies recognized by the courts
Hot pursuit: when they are chasing them
Evanescent evidence: this means the evidence could disappear
Danger to life: if the officers hears something that seems to be someone’s life in danger
Is a motor home a “home” or is it an “automobile” subject to the automobile exception?
A motor home is a home if it’s anchored some how like utilities, or the motor doesn’t run etc.
