ch 6 e&p 3133

particularity

"describe the places or places to be searched" and "describe the things to be seized" (warrants must include specific addresses, as well as what is being seized, if one item or a class of items)

despite the 3 rules regarding warrant requirements, there can be 3 elements to satisfy a warrant requirement. they are:

1) particularity 2) an affidavit supporting probable cause 3) the knock-and-announce rule

what are the 5 major exceptions to the warrant requirement?

1) searches incident to arrest 2) consent searches 3) vehicle searches 4) container searches 5) emergency searches

the 4th amendment requires that no search warrants be issued unless they include these three things:

1) sufficient & sworn probable cause 2) specifics about what the search is for 3) where & when they are to be executed

What are two conditions of consent searches?

1. Consent must be voluntary 2) Consent may be later withdrawn

Searches incident to arrest serve three functions:

1. Protect officers 2. Prevent escape 3. Preserve evidence

What are some dangers and situations that might call for an Emergency (Exigent) Search?

1. The officers' safety 2. Evidence may be destroyed 3. Fleeing felons might escape 4. People in the community are in immediate danger

what are the three major exceptions to the knock-and-announce rule?

1. To prevent violence 2. To prevent destruction of evidence 3. To prevent suspects from escaping

A defendant's lawyer argues that a search of their defendant's vehicle violated the Fourth Amendment. Due to traffic safety issues, the officers moved the defendant a significant distance away from the car and questioned him for half an hour before arresting him. They then executed a search of the vehicle. The defendant's lawyer argues that the search violates the "grabbable area" rule. You are the judge. How do you rule?

Based on all of the evidence, you believe that the officers orchestrated a pretext arrest to get probable cause to search the car. Given the opportunity to conduct a search incidental to arrest, they searched beyond the "grabbable area." You rule that the evidence is inadmissible.

Passengers containers (CAN OR CANNOT ) be searched

CAN // Even without probable cause due to the reduced expectation of privacy that exists within automobiles

_______________ are searches in which people give officers permission to search them and/or their personal belongings without either warrants or probable cause

Consent searches

When can officers follow the suspect into a house without getting a warrant?

If they are in hot pursuit of a suspect for whom they have probable cause to arrest

What is the vehicle exception to the warrant requirement?

It allows for warrantless searches of vehicles if probable cause leads officers to believe contraband or evidence exists

What does the Robinson rule, established in U.S. v. Robinson (1973), indicate about SCOTUS's views regarding the balancing ideal between privacy and crime control?

It shows that SCOTUS favors officer safety over the individual privacy of innocent citizens.

Which retired magistrate feels that law enforcement should NOT be allowed to seize devices and download files indiscriminately, and store them for future use

John Facciola

In Arizona v. Gant (2009), how did SCOTUS refine the parameters of a search incident to arrest during a lawful traffic stop?

SCOTUS narrowed the interpretation of Belton, allowing police to search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or if the vehicle is thought to contain evidence of the arrest.

What are searches incident to arrests?

Searches of lawfully arrested suspects conducted without probable cause

You go to an office and an agent there gives you permission to search the building, however, they were recently terminated. How would this affect the case?

Since the employee had been recently terminated, you rule that she didn't have the legal authority to grant consent to search the premises

T/F ) Searches incident to arrest do NOT require warrants or probable cause

TRUE

T/F ) Today, magistrates sign searches and seizures for things such as Facebook accounts, cell site information, and digital files on telephones and computers.

TRUE

How does the police's knock-and-talk technique compare with the knock-and-announce rule?

The knock-and-talk technique is an investigative technique that may lead officers to probable cause for a warrant; the knock-and-announce rule is a legal requirement of executing a search warrant.

When officers are in hot pursuit of a suspect for whom they have probable cause to arrest, and he enters a home, what are officers allowed to do that doesn't violate the Fourth Amendment?

They may enter and search as much as required to prevent the suspect from fleeing.

Which of the following is a reason why SCOTUS considers searches incident to arrest reasonable?

They protect officers from suspects who might injure or kill them

____________ are permitted if police have probable cause to search, and they reasonably believe evidence is about to be destroyed.

Warrantless searches

Which case brought forward the knock-and-announce rule?

Wilson v. Arkansas 1995

A search is to be done ________________.

contemporaneous with arrest

SCOTUS holds the belief that a man's home should be ____________.

free from unreasonable government intrusion

Officers may only search the area under "immediate control" of the arrested persons, also known as "__________________"

grabbable area

probable cause affidavit

is the same as that required for arrest warrants, with the one difference being, the probable cause in a search warrant MUST include evidence to support the claim that the item or class of items will be found in the location named in the search warrant

In Schneckloth v. Bustamonte (1973), how did the ruling affect the ideals of individual privacy and public safety?

it tipped the scales toward public safety

What is it called when officers knock on a door, announce their presence and that they have a search warrant, and then enter the premises?

knock-and-announce

the requirement of law enforcement officers to knock and announce their presence before entering a home to search it WITH a warrant

knock-and-announce rule

police practice of going to peoples' residences, with or without any objective basis, and knocking on the door to obtain plain views of home interiors, question residents, or ask for consent to search

knock-and-talk technique

a warrant must be signed by a ________ before the search can be executed

magistrate

In California v. Acevedo (1991), SCOTUS ruled that searching containers in vehicles ____________.

requires no warrant when there is probable cause

SCOTUS views the home as a :

sacred space of refuge from govt intrusion and tries to balance a citizen's need for privacy with public safety

In pretext arrests, officers arrest individuals where probable cause exists in order to ____________.

search for evidence of more serious crimes

Emergency searches are best described as ____________.

searches executed without warrants due to the impracticality or danger in requiring officers to obtain warrants before they search

__________ are searches that are conducted before, during, and after arrest

searches incident to arrest

Under the ______________, officers are permitted to search anyone they can take into custody

the Robinson bright-line rule

The particularity requirement of the Fourth Amendment requires that a warrant must specify ____________.

the particular person and location to be searched

The questions of whether a suspect is aware that she had a right to refuse consent, whether she intended to give up that consent, and whether she did so voluntarily are all elements of what test?

waiver test of consent to search