Fourth Amendment - Search Warrant Exceptions

Question 1

What are exceptions to the requirement for search warrants?

Answer 1

1. Exigent circumstances
2. Search incident to arrest
3. Consent
4. Automobiles
5. Plain view
6. Evidence from admin searches
7. Stop & frisk
   Acronym - ESCAPES

Question 2

What is the Chimel standard for whether a surrounding search is permitted?

Answer 2

Warrantless contemporaneous search of person arrested and immediate surrounding area where (a) weapons concealed, or (b) evidence destroyed, is justified

Question 3

Where can officers search if there is an arrest in a home?

Answer 3

They can do protective sweep of spaces immediately adjacent to place of arrest to make sure no one is hiding, or beyond if officers believe so

Question 4

When can police enter homes and businesses without a warrant?

Answer 4

Government demonstrate both (1) probable cause and (2) exigent circumstances, ie: hot pursuit of suspected felon and emergency situations

Question 5

When is a Terry stop justified?

Answer 5

If there is (1) reasonable suspicion, (2) based on articulable facts that (3) detainees were involved in criminal activity - totality of circumstances

Question 6

What is the automobile exception?

Answer 6

Officers can search any part of a car if there is probable cause that it contains contraband or evidence of a crime

Question 7

When can officers do a warrantless seizure under the Plain View doctrine?

Answer 7

1. In public view, OR
2. In private view if (a) officer on premise for lawful purpose, (b) incriminating item immediately apparent, (c) officer has lawful access to them

Question 8

When is there a valid consent to a search?

Answer 8

1. Voluntary - (a) no threats of harm, (b) compulsion or (c) false assertion of authority
2. Third Party - only if (a) has agency relationship with D OR (b) D assumes risk when giving 3d pty to consent

Question 9

When is a wiretap authorized?

Answer 9

1. Probable cause that crime has / will be committed
2. ID people + conversation to be tapped
3. Specifies when to terminate tapping
4. Admit conversation only to scope of wiretapping