Search Warrants Flashcards Preview

PA Crim Law & Crim Pro > Search Warrants > Flashcards

Flashcards in Search Warrants Deck (7)
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1
Q

Execution of Search Warrants

A

Police must knock, announce presence, purpose, and authority + give occupant opportunity to peacefully surrender the premises

Suppression can be ordered where knock & announce is violated

2
Q

Search Warrant Exceptions

A
  1. Automobile Exception
  2. Plain View
  3. Search Incident to Arrest
  4. Consent
3
Q

Automobile Exception

A

A police officer may search an automobile without a warrant only where there is both

  1. Probable cause; and
  2. An exigency (a reason why they couldn’t go get a warrant)
4
Q

Plain View Doctrine

A

Elements:

  1. Police must be lawfully in place at the time of the observation;
  2. It is immediately apparent that the item is evidence or contraband; and
  3. Police had a lawful right to access the item immediately
5
Q

Search Incident to Arrest (Automobile)

A

Police may search a vehicle incident to a recent occupant’s arrest only if it is reasonable to believe that the ∆ might access the vehicle at the time of the search or that the vehicile contains evidence of the offense of arrest

6
Q

Consent

A

If officer reasonably believes that the person who gave the consent has the authority to consent but turns out they don’t, the search is still good

7
Q

Auto Stop Cases & Consent

A

If consent is given during mere encounter = consent is valid

If consent is given while the traffic stop is being improperly extended by questioning or other tactics that convey to the driver that he is not free to leave = consent is invalid