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Criminal > Exceptions to the Warrant > Flashcards

Exceptions to the Warrant Flashcards

1
Q

What are the exceptions for making an arrest without a warrant

A
  1. PC that the person has committed a felony and is in public
    1a. Or if you are in your home and you give them consent
  2. The person is committied a misdemeanor and you have PC to believe they won’t be apprehended unless you arrest them immediately OR they will cause harm to people (have to see it)
    2a. The person has committed a misdemeanor in officers presence
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2
Q

T or F: A custodial arrest is reasonable if the officer has PC of criminal violation

A

True (even for traffic violations)

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3
Q

United States v Watson

A

Facts: Informant told police that D had a stolen credit card and setup a meeting with D so police could observe. D was arrested and found the credit cards

Holding: Police had PC to believe that D had committed a felony, so warrantless arrest was okay

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4
Q

T or F: Can deadly force be used to prevent the escape of a felon if they don’t think it’s necessary to prevent the suspect from escaping AND PC that they pose a threat to others

A

No

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5
Q

What are deadly force requirements

A

Necessary to prevent escape AND PC that they pose a threat to others

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6
Q

What are the Factors of the Graham Balancing Test for deadly force

A
  1. Severity of the crime
  2. Whether suspect poses an immediate threat to officers or others
  3. Whether D is actively resisting arrest or attempting to evade arrest by flight
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7
Q

Scott v Harris

A

Facts: D was driving “erraticly” through the streets driving away from cops

Holding: Deadly force was justified

Counter: Using the graham balancing test you could argue that he doesn’t meet factors of Severity of crime (this was a traffic violation) or posing a threat to others

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8
Q

What are the exceptions for the Warrant requirement

A
  1. arrests
  2. Stop and Frisks
  3. Search Incident to Arrest
  4. Plain View and Plain Touch
  5. Automobiles
  6. Exigent Circumstances
  7. Special Needs
  8. Consent to Search
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9
Q

Can an officer immediately after knocking and announcing and not hearing any response in 10 seconds storm in?

A

No, it has to be within a reasonable time

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10
Q

What is a purpose of the Knock and Announce rule

A

protects against needless destruction of property

protects individuals privacy interest

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11
Q

Gerstein v Pugh

A

Facts: D was arrested without a warrant and help for a month before PC screening

Holding: holding someone for 30 days was a violation…NEED PROMPT screening

After arresting someone without a warrant, police need to go to magistrate to determine if there was PC

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12
Q

Payton v New York

A

Facts: Police had PC to believe D committed a murder but no warrant. Police knocked and announced and got no response, so they used a crowbar to open the door

Holding: Unconstitutional, exception to the warrant requirement for public arrests DOESNT extend to arrest in the home (absent exigent circumstances)

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13
Q

If officers don’t have a warrant and knock and announce at your hotel room and you don’t answer, can they bust in?

A

No - Payton v New York rule

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14
Q

If a suspect lives with a 3rd party or is a visitor at a 3rd parties home, will an arrest/search warrant suffice

A

YES

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15
Q

Terry v Ohio

A

Courts use a balancing test to determine what is reasonable. Need reasonable suspicion that criminal activity is afoot or RS that the person is armed and dangerous

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16
Q

When can officers stop someone

A

When there is RS that criminal activity is afoot

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17
Q

When can officers frisk someone

A

When they have RS that they are armed and dangerous

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18
Q

What is a the downside of a stop and frisk

A

it can impact minorities greatly, because it gives alot of discretion to the officers

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19
Q

Pennsylvania v Mimms

A

Bright line Rule: Ordering people out of their vehicles

Holding: Officers in a course of a legal stop of automobile have an AUTOMATIC right to order someone out of their vehicle

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20
Q

Can officers in the course of a legal stop of an automobile, order the passengers out of the vehicle?

A

Yes; officer safety is a concern

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21
Q

Officers (can or cannot) perform a frisk of a passenger, when the driver has been lawfully detained?

A

Can, if they have RS that the passenger is armed and dangerous

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22
Q

Based on the ____ ____ ______ officers must have particularized and objective basis for suspecting the person stopped of criminal activity

A

totality of circumstances

23
Q

In order to justify a stop, an officer must point to ______ to show that criminal activity is afoot

A

articulable facts

24
Q

Alabama v White

A

Facts: officer received a anon tip ad officer corroborated

Holding: Anon tip was enough for reasonable suspicion because it was corroborated by an investigation

25
Q

Is an anon tip without officer corroboration sufficient for RS to justify a stop and frisk

A

NO - anon tip alone is not enough

26
Q

Are face to face tips enough for RS

A

Yes they are more reliable than anon tips

27
Q

Illinois v Wardlaw (Rule)

A

Flight + high crime area = reasonable suspicion

28
Q

Minnesota v Dickerson (Rule)

A

Terry frisk are ONLY justified for protective purposes - NOT for actually searching for evidence

29
Q

Can frisks be used to search for evidence

A

No - Minnesota v Dickerson

30
Q

Can mistake of fact give rise to RS or PC

A

Yes - US v Valez (Latino case)

31
Q

Kansas v Glover

A

Facts: police ran license plate of a truck spotted while on patrol and realized owner of truck had his license revoked. Officer initiated a traffic stop

Holding: Officer had reasonable suspicion to initiate traffic stop

32
Q

Navarette v California

A

Facts: anon tip came in that a driver ran someone off the road and gave them their license plate. Officers found the car and followed them for 5 min (noticed no impaired driving) and then smelled weed arrested D

Holding: anon tip was reliable and can support RS for a traffic stop if it has adequate indica of reliability (detailed description)

Counter: anon tips must be corroborated otherwise anyone can call in a tip and that be used as RS

33
Q

Can innocent conduct be RS

A

Yes, some innocent activity can rule in favor of RS

34
Q

If your conduct conforms to the law and the police make a reasonable mistake, can the police still stop and search you

A

Yes

35
Q

Heien v North Carolina

A

Facts: D had a broken tail light and NC law was confusing, but it was legal for him to drive with only 1 tail light. Officer pulled him over for the tail light (thinking it was illegal) and searched car and found drugs

Holding: If there was a reasonable mistake of law, there can still be RS

Counter: Gives cops to much leeway, and they can always lie about “not knowing” the law

36
Q

Chimel v California

A

Allowed to search room where person was arrested

Facts: Officers had arrest warrant but didn’t have search warrant for D, however officers proceeded to search D’s ALL throughout home

Holding: Violation of 4A, can’t search the whole house….only can search the “GRAB AREA”

37
Q

In a search incident to arrest, the officers are allowed to search the ______ _____, which is the area within the suspects immediate control

A

Grab area

38
Q

What is the “Grab Area”

A

in a search incident to arrest, the officers have an automatic right to search the area that is within the suspects immediate control

39
Q

What are Chimel’s considerations on search incident to arrest?

A
  1. prevents D’s from reaching for weapons (protects police)
  2. Prevents D’s from destroying evidence
40
Q

US v Robinson

A

Cigarette case

Facts: After arresting D, officers searched D and found a cigerette package and looked inside and it was drugs

Holding: Officers have an automatic right to search an arrestee’s entire person when police make an arrest (More expansive than a Terry stop)

41
Q

Do police have an automatic right to search an arrestee’s entire person after they are arrested

A

Yes

42
Q

After Robinson, where cops can search an entire person after an arrest, what are the implications?

A

It is more expansive than a Terry stop search, so it gives the officers more power

43
Q

Arizona v Grant

A

Facts: Grant was arrested for driving with suspended license and officers searched the passenger compartment and found gun and found cocaine in jacket that was in the backseat

Holding: Police may not search an individuals vehicle when the arrestee is not within reaching distance of passenger compartment at the time of the search

44
Q

Grant Rule: When can the police search the passenger compartment of the car incident to arrest?

A
  1. If police have RS to believe that passenger compartment contains evidence of the offense for which they have been arrested for
  2. The passenger compartment is within the grab area of the arrestee
45
Q

Atwater v City Lago Vista

A

Facts: Soccer mom case; D was arrested for a seatbelt violation

Holding: Custodial arrest are always reasonable if officer has PC of criminal violation

46
Q

T or F: It is never reasonable for officers make custodial arrest when they have PC of criminal violation

A

False; its always reasonable

47
Q

Riley v CA

A

Facts: riley stopped for driving w/ expired plates, when riley was arrested officers seized phones and searched it (pursuant to Robinson)- and found gang evidence on the smartphone

Holding: Officers need a warrant to go through an arrestee’s phone. The privacy interest outweighed the govt interest of: destruction of evidence and safety risk

48
Q

Officers (need/ do not need) a warrant before searching a cellphone found on an arrestee

A

They need a warrant; OR show an exigent circumstance

49
Q

Can police officers arrest people for misdemeanors without a warrant that they saw committed even if it is only a fineable offense

A

Yes: Atawater case (soccer mom arrested case for seatbelt)

50
Q

You (do or do not) need a warrant for a blood test? Why?

A

You need a warrant, because the individuals interest is higher because it is an intrusive test

51
Q

You (do or do not) need a warrant for a breath test? Why?

A

You do not need a warrant, because the individuals interest is low because it is minimally intrusive

52
Q

What is a counter argument for not giving a blood test or breath test to drunk drivers after they have been arrested.

A

There is no need to test them because they have already been arrested

53
Q

B(reath)irchfield v North Dakata

A

Facts: D was arrested for drunk driving and refused to do a warrantless blood test and other D refused to do a breath test, both were arrested

Holding: law requiring breath test doesn’t violate 4A and is constitutional (balance govt interest v individuals interest
+
Law requiring blood test is unconstitutional (balance test) = Individual interest wins (blood drawl is more invasive and can reveal more things)

Criminal (10 decks)

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