Crim Pro 3

What are the exceptions to when a search warrant is required

1) Exigent circumstances; 2) community caretaking function; 3) search incident to arrest; 4) automobile exception; 5) Car or arrest inventory search; 6) plain view/plain touch/plain smell doctrines; 7) Validly obtained consent

What are the exceptions to the knock and announce rule

1) Threat of physical violence; 2) threat of destruction of evidence; 3) entry in hot pursuit

What are the types of exigent circumstances relating to warrantless searches

1) hot pursuit; 2) imminent destruction of evidence; 3) risk of danger to police or to others; 3) need to prevent a suspect's escape

What are the elements of a valid search warrant

1) probable cause; 2) oath and affirmation; 3) particular description

what is the rationale behind the knock and announce rule

1) protection of life and limb; 2) protection of property; 3) reduces invasion of privacy

What factors should be considered in determining whether a warrant satisfies the particularity requirement

1) specificity of warrant (are there guiding elements); 2) amount of discretion left to officials; 3) length of search

Why do police need to obtain a warrant

1) want a neutral and detached magistrate decide probable cause rather than a police officer; 2) we want to prevent the improper invasions of privacy

What is required under the particularity requirement for warrants

1) warrant must describe where search will occur; 2) warrant must state person and property to be seized

What is a Gerstein hearing

A protection for a defendant who was arrested w/out a warrant - there's a hearing and a judge decides after the fact if there was probable cause

What is the knock and announce rule

If police have warrant, they must knock, announce intrusion, and request admission - SCOTUS rules this was implicit in 4th amendment reasonableness clause

What case established the warrant requirement

Katz

Is an arrest warrant required if arrest is made in a pubic place

NO - but it still requires probable cause and a public place can include a person's private property (e.g. backyard, frontyard, doorway)

Can a magistrate participate in a search

NO, Lo-Ji Sales, magistrate authorized an open-ended warrant and accompanied officers during search

What is the standard for when one of the exceptions of the knock and announce rule applies

Police merely need to have a reasonable suspicion that one of the exigencies applies

What is the general rule in relation to warrants and searches

Warrantless searches are per se unreasonable under the 4th amendment, subject to exceptions

Is an arrest warrant required to arrest someone at home

YES, IF there is nonconsensual entry

What type of warrant is required for an arrest at a 3rd party home

an arrest warrant AND a search warrant if nonconsensual entry

what is the scope of a warrantless search

can only search for 1) suspects; OR 2) weapons (if other contraband or evidence is found during a search for suspects or weapons, then it is admissible)

How long must the police wait after they knock and announce

depends on the circumstances

What is the community caretaking function

police can enter a location b/c they believe someone is being or will be harmed

When is an arrest warrant not required when arresting at a home or 3rd party home

when there is 1) consent; OR 2) exigent circumstances