Exceptions to the Warrant Requirement

SILA- Arrests of Automobile occupants

When police have made a lawful arrest of the occupant, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile Must be a lawful arrest of an occupant or recent occupant of the vehicle

pretextual stops

Where police officers have a reasonable cause to believe that a traffic violation (or crime) has occured, the stop is reasonable under the fourth amendment.

Police may not

create the exigent circumstances by engaging in or threatening to engage in conduct that violates the Fourth Amendment

Police Intent

does not matter under the fourth amendment

Why do searches incident to a lawful arrest in automobiles differ from searches in a home?

i. there is a lesser degree of protection for motor vehicles because they can be quickly moved out of the area. ii. the open nature of vehicles as compared with a permanent structure would warrant a lesser expectation of privacy iii. Government regulation of vehicles would also suggest that there is a lower expectation of privacy for a vehicle as compared to a fixed structure

mobile home

if it is licensed to be on the roads, has wheels, and is actually moved, it is more of a vehicle. If it has no wheels, and is parked in a RV park, then it is more of a home.

Search Incident to a lawful arrest

is allowed pursuant to: 1) must be a lawful arrest of the person 2) there does not need to be probable cause that the person is armed or that there are weapons, AS LONG AS there is a LAWFUL ARREST

Plain view doctrine

not an exception for the warrant requirement for a search but rather justifies a warrantless seizure

Scope of Consent

objective reasonableness -- what would the typical reasonable person have understood by the exchange between the officer and the suspect Even when a person consents to the search- he may limit the scope of the search. e.g., only search my kitchen

plain view doctrine requires

probable cause that evidence is part of the crime

Consent

receiving consent makes a search unreasonable, therefore warrant or Probable cause not needed.

Consent

the prosecution bears the burden of proof that the consent was voluntary

pretextual stops - in automobiles

where police stop someone for a traffic violation but when they are really stopping them for is suspicion of drugs

5 Exceptions to the warrant requirement - Probable cause is always required

1) Exigent Circumstances 2) Search incident to a lawful arrest 3) Cars and Containers 4) Plain view doctrine 5) Consent

Exigent Circumstances

1) Hot Fleeing Pursuit 2) Imminent destruction of evidence 3) Need to prevent a suspect's escape 4) Risk of danger to the police or other people outside of the dwelling

Justification of the Search incident to a lawful arrest

1) Officer safety from weapons 2) Preserve Evidence that could be destroyed

Scope of the SILA Automobile Arrests

1) Search of the passenger compartment and containers therein 2) Search of the arrestee and the arrestee's area of immediate control a. includes glove compartment, consoles, luggage b. Does NOT include trunk, and engine compartment 3. Contemporaneous search a. the search can happen just after the arrest b. You can take the person out of the car and then search c. But limits search to reasonable belief that evidence related to the crime may be in the car

Scope of the SILA Search

1) Search the arrestee-including containers on the arestee 2) Without a search warrant, officers may seize any article found during a lawful arrest, but only if it is a seizable one. i.e., i) Contraband,ii) instrumentalities iii) Fruit or evidence of the crime

Voluntariness of Consent

1. Totality of the circumstances approach i. whether the subject knows he or she has a right to refuse ( not necessary) ii. State of mind and the police's failure to advise him of his rights iii. Voluntary, and not the result of duress or coercion, express or implied

standards for determining whether plain view seizure is valid

1. lawful access to the object that you're going to seize 2. incriminating evidence must be immediately apparent 3. Discovery of the object must be inadvertent

Plain view Doctrine

If an article is in plain view, its observation and seizure would not violate a right of privacy