searches of home; exigent circumstances; plainview Flashcards
(17 cards)
which of the five justifications applies to searches of the home
PC + warrant
PC
Valid consent
what constitutes as a search of a home, and how do they each need to be justified
entry into the home; looking into cabinets, closets ect
the each need to be separately justified
is pc that someone in the home commited a crime justicatin for forced entry into the home
no
what kind of justification do you need for entry into the home to get someone in the home that lives there
need PC that the person is in the house and an arrest warrant
what kind of justification do you need for entry into the home to get someone in the home taht does not live there
need arrest warrant and a search warrant
what is the scope of the search warrent for? what must happen when the scope is done, and what is the exception
scope – where the subject of arrest warrant could be
when they find the person, the serch must stop
exception – protective sweep (peering into ADJACENT ROOMS to make sure no one will attack) – this is an entitlement search
the exception to the scope of an arrest/search warrent of protective sweep is limited to adjacent rooms
what do you need for anthing beyond the adjacent rooms
Anything beyond the adjacent rooms – need RS(ie like you heard rustling in the room that went beyond the protective sweep)
what are exigent circumstances
a situation that justifies a warrantless search of a house because the need for immediate action outweighs the need for a warrant
what do all exigencies require
PC; and there has to be no time to get a warrent
three types of exigent circumstances and define them
what must you do once the exigency is addressed
emergency aid needed - police can search a home if they have PC to believe that someone inside is SERIOUSLY injured/or in immediate threat of being SERIOUSLY injured
hot pursuit/fleeing suspects – can enter a home following a suspect; Requires continuous pursuit from crime scene or area of crime scene with little to no delay
destruction of evidnece – PC to believe that that delay would result in destruction of evidence
Once the exigency is addressed, lock down the scene and get a warrant
in the hot pursit exignecy, what kind of crimes dont count
minor crimes
what is the rule on officer created exigency
police are allowed to reasonably create the exigency as long as there is no actual or thereatend violation of a FA right
what kind of doctrine is the plain view doctrine
SEIZURE DOCTRINE NOT A SEARCH DOCTRINE
what does plain view not allow
does not allow access to a place they could not have already legally been
when does plain view apply (three elements)
- Lawful observation
Ie cops have to lawfully be there - PC that what they are looking at is seizable evidence (no physical, INTENTIONAL manipulation allowed)
- Lawful access (ie lawful path to get to object
what is the relationship between the plainveiw doctrie and contraband
dont need PV for contraband becaus not lawful to poseses contraband
keytakeawy from hicks plain view case; the nice radio in the janky apartment
The plain view doctrine only applies, and only justifies a subsequent search, if there is probable cause of seizable evidence (elemnet two)
here, it was rs at most, not enough for pv
