Constitutional Law: Search Incident to Arrest
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Questions and Answers

What is the main focus of the lesson plan in the 200 block of Constitutional Law?

  • Stop and frisk procedures
  • Miranda rights and interrogations
  • Searches incident to arrest (correct)
  • Search warrants and probable cause
  • When can a search incident to arrest be conducted?

  • Only when a suspect is arrested at their residence
  • Only when a search warrant is issued
  • At the time of arrest, regardless of the location (correct)
  • Only when a suspect is arrested in a public place
  • What is the scope of a search when an arrest is made in a motor vehicle?

  • Only the passenger compartment of the vehicle
  • Only the area within the arrestee's immediate control (correct)
  • Only the trunk of the vehicle
  • The entire vehicle and its contents
  • What is the justification for a protective sweep?

    <p>To ensure officer safety</p> Signup and view all the answers

    What is the authority for seizing physical evidence from an arrested subject?

    <p>Search incident to arrest</p> Signup and view all the answers

    What is the effect of delay in searching a person under the incident to arrest justification?

    <p>The search is no longer valid</p> Signup and view all the answers

    What is the scope of a search when an arrest is made on private property?

    <p>Only the area within the arrestee's immediate control</p> Signup and view all the answers

    What is the general requirement for obtaining physical evidence from the body of an arrested suspect?

    <p>Incident to arrest</p> Signup and view all the answers

    What is the basis of the justification to search incident to arrest?

    <p>A valid arrest</p> Signup and view all the answers

    According to the State of Missouri v. Carrawell (2016) case, what is no longer allowed in a search incident to arrest?

    <p>Search of the items a defendant might have had around them without other evidence of probable cause</p> Signup and view all the answers

    What is required to search a person's purse, luggage, bag or similar item on or near the arrestee?

    <p>Consent, independent probable cause, exigent circumstances, or some other exception to a warrantless search</p> Signup and view all the answers

    What is the purpose of using a K9 officer in an impounding or inventory procedure of personal property or automobiles?

    <p>To protect the officers, the station, and the tow companies</p> Signup and view all the answers

    What did the Arkansas v. Sullivan (2001) case establish?

    <p>That officers may arrest for any crime for which they have probable cause</p> Signup and view all the answers

    What did the U.S. v. Whren (1996) case establish?

    <p>That officers may arrest for any crime for which they have probable cause</p> Signup and view all the answers

    What is the limitation on searches incident to arrest of a vehicle according to the Gant case?

    <p>The occupants must be unsecured or there must be reasonable belief that the vehicle contains evidence of the crime for which the arrest was made</p> Signup and view all the answers

    What is the purpose of an inventory procedure of personal property or automobiles?

    <p>To seize an item associated with the defendant after an arrest</p> Signup and view all the answers

    What should be reflected in the agencies' SOP's and/or general orders regarding the use of a K9 officer?

    <p>The role of the K9 officer in protecting the officers, the station, and the tow companies</p> Signup and view all the answers

    Why is it necessary for peace officers to follow guidelines and Court Decisions when conducting searches incident to arrest?

    <p>To ensure the evidence is admissible in court</p> Signup and view all the answers

    What is required for a container search to be valid?

    <p>The container is accessible to the suspect</p> Signup and view all the answers

    What is a plain view seizure?

    <p>A seizure of evidence in plain sight</p> Signup and view all the answers

    What is required for a sweep to be valid?

    <p>Reasonable suspicion of accomplices</p> Signup and view all the answers

    How long can a sweep last?

    <p>Until the suspicion of danger is dispelled</p> Signup and view all the answers

    What is required for a seizure of evidence?

    <p>All of the above</p> Signup and view all the answers

    What is the limitation of a search incident to execution of a search warrant?

    <p>All of the above</p> Signup and view all the answers

    What is abandoned property?

    <p>Property to which the owner appears to have relinquished rights</p> Signup and view all the answers

    What is the purpose of a search and seizure?

    <p>To obtain evidence of a crime</p> Signup and view all the answers

    What is required for a search to be conducted?

    <p>Probable cause</p> Signup and view all the answers

    What is the scope of a search?

    <p>Only the area specified in the warrant</p> Signup and view all the answers

    What is the main limitation imposed by the Arizona v. Gant case on the authority of the police to search a vehicle?

    <p>Officers can only search the vehicle compartment and any containers inside as an incident to the arrest of the vehicle's occupants</p> Signup and view all the answers

    Under what circumstances can the police search a vehicle incident to arrest?

    <p>When the search is conducted at the time of the arrest and the arrestee has the possibility of access to a weapon or evidence</p> Signup and view all the answers

    What is the scope of a search incident to arrest?

    <p>Anywhere in the vehicle where the occupants could reach to obtain a weapon or destroy evidence</p> Signup and view all the answers

    What happens if the police fail to secure the suspects before searching the vehicle?

    <p>The search may be deemed unreasonable if the suspects could have reached into the vehicle to obtain a weapon or destroy evidence</p> Signup and view all the answers

    What is required to search a vehicle incident to arrest after the arrestee is secured and away from the vehicle?

    <p>Probable cause to believe evidence related to the offense is in the vehicle</p> Signup and view all the answers

    What is the purpose of a search incident to arrest?

    <p>To disarm the arrested suspect for officer safety and preserve evidence</p> Signup and view all the answers

    What is the result of the Iowa v. Knowles case?

    <p>The Supreme Court ruled that Iowa's expansion of Search Incident to Arrest justifications was unconstitutional</p> Signup and view all the answers

    What is the exception to the rule that searches incident to arrest are only justified by legal custodial arrests?

    <p>All of the above</p> Signup and view all the answers

    What is the result of the Atwater v. City of Lago Vista case?

    <p>The Supreme Court ruled that the Fourth Amendment does not require a warrant to arrest a suspect for a minor offense</p> Signup and view all the answers

    What is the requirement for searches incident to arrest according to the Missouri Attorney General's opinion?

    <p>The search must be conducted at the time of the arrest and the arrestee has the possibility of access to a weapon or evidence</p> Signup and view all the answers

    According to the Attorney General in January 1999 issue of Front Line Report, what does RSMo Sec. 544.216 allow certified peace officers to do?

    <p>Make a full custodial arrest for traffic offenses, including infractions</p> Signup and view all the answers

    What does the Atwater v. City of Lago Vista (2001) case state regarding custodial arrests?

    <p>An officer can make a custodial arrest for any criminal offense, including those punishable by a fine</p> Signup and view all the answers

    What is the scope of a search incident to arrest of a person?

    <p>Full search of the person and immediately accessible personal property</p> Signup and view all the answers

    What is the justification for searching premises incident to arrest?

    <p>The officer's need to search for weapons, evidence, contraband, or means of escape</p> Signup and view all the answers

    What is the scope of a search incident to arrest of a vehicle?

    <p>Full search of the area within the person's immediate control and accessible personal property</p> Signup and view all the answers

    In the United States v. Doward (1994) case, what is the definition of the passenger compartment of an automobile?

    <p>Any area generally reachable without exiting the vehicle, without regard to the likelihood in a particular case that such a reaching was possible</p> Signup and view all the answers

    What is the ruling in the U.S. v. Olguin-Rivera (1999) case regarding the search of a covered cargo area of an SUV?

    <p>The covered cargo area is treated as a part of the interior, accessible to occupants</p> Signup and view all the answers

    What is the principle agreed upon by the 8th Circuit Court in U.S. v. Barnes (2004) regarding search incident to arrest?

    <p>Areas reachable by an occupant without exiting the automobile may be searched incident to arrest</p> Signup and view all the answers

    What is the result of delaying the search of a person under the incident to arrest justification?

    <p>The search is of questionable validity</p> Signup and view all the answers

    What happens to the search incident to arrest authority once the officers leave the premises?

    <p>The authority is no longer valid, and the officers cannot return to search</p> Signup and view all the answers

    What is the purpose of a search incident to arrest?

    <p>To prevent injury or death of the officer and to prevent destruction of evidence or contraband</p> Signup and view all the answers

    Under which doctrine can evidence or contraband be seized if it is in plain view?

    <p>Plain View Doctrine</p> Signup and view all the answers

    What is required for a search of a detained person's vehicle?

    <p>Reasonable suspicion for the detention and additional reasonable suspicion that the person is armed</p> Signup and view all the answers

    What is the scope of a search of an arrested person's vehicle?

    <p>Only the areas within the person's immediate control</p> Signup and view all the answers

    What is the justification for a frisk of a detained person?

    <p>To prevent injury or death of the officer</p> Signup and view all the answers

    What is required for a search incident to arrest of a vehicle?

    <p>A custodial arrest based on probable cause</p> Signup and view all the answers

    What is the purpose of a search incident to arrest of a person?

    <p>To prevent injury or death of the officer and to prevent destruction of evidence or contraband</p> Signup and view all the answers

    What is the scope of a search of an arrested person?

    <p>The areas within the person's immediate control</p> Signup and view all the answers

    What is the justification for seizing evidence or contraband found in plain view?

    <p>Legal presence in the location and immediate recognition of the item as evidence or contraband</p> Signup and view all the answers

    What is the purpose of a frisk of a detained person's vehicle?

    <p>To prevent injury or death of the officer and to prevent destruction of evidence or contraband</p> Signup and view all the answers

    What is required for a search incident to arrest to be conducted?

    <p>The item to be seized can fit within the area of the arrest</p> Signup and view all the answers

    What is the scope of a search based on the motor vehicle exception?

    <p>The entire vehicle, including the trunk, can be searched</p> Signup and view all the answers

    What is required for a container search to be valid under the inventory exception?

    <p>Department policy authorizing the search</p> Signup and view all the answers

    What is the limitation on a search of a locked container?

    <p>The officer must use minimum force required</p> Signup and view all the answers

    What is the scope of a search based on the private search exception?

    <p>Only the area searched by the private person</p> Signup and view all the answers

    What is the purpose of an inventory procedure?

    <p>To inventory personal property</p> Signup and view all the answers

    What is required for a search of an abandoned item?

    <p>No restrictions apply</p> Signup and view all the answers

    What is the scope of a search based on consent?

    <p>Only the area specifically consented to</p> Signup and view all the answers

    What is the primary purpose of a search incident to arrest?

    <p>To assure officer safety and prevent escape</p> Signup and view all the answers

    What is the scope of a protective sweep?

    <p>Anywhere the accomplices could reasonably hide in the premise</p> Signup and view all the answers

    What is the justification for a motor vehicle exception?

    <p>Probable cause that particular evidence of a particular crime is in a mobile vehicle</p> Signup and view all the answers

    Under what circumstances can a search be conducted without a warrant?

    <p>All of the above</p> Signup and view all the answers

    What is the purpose of an inventory search?

    <p>To identify and assure security of personal effects of arrested party</p> Signup and view all the answers

    What is the scope of a search under the emergency (exigent) circumstance exception?

    <p>Entry to a protected area to seize endangered weapons, evidence or contraband, or to render aid</p> Signup and view all the answers

    When can a search incident to arrest be conducted in a protected area?

    <p>When there is a custodial arrest within a protected area based on probable cause</p> Signup and view all the answers

    What is the scope of a consent search?

    <p>Anywhere to which the consenting party agrees</p> Signup and view all the answers

    What is the primary concern of a search incident to arrest?

    <p>Assuring officer safety and preventing escape</p> Signup and view all the answers

    Under what circumstances can a vehicle be searched without a warrant?

    <p>When there is probable cause that particular evidence of a particular crime is in a mobile vehicle</p> Signup and view all the answers

    Study Notes

    Searches Incident to Arrest

    • Justification for search incident to arrest: based on a valid arrest and the need to search the person and their clothes to prevent the destruction of evidence or to protect the officer from weapons.
    • Scope of search: anywhere on the person and their clothes that the officer can reasonably reach.

    Public vs. Private Premises

    • Search incident to arrest in public: expanded to include the area within the person's immediate control (leaping and lunging distance) and immediately accessible personal property.
    • Search incident to arrest on private property: limited to the area within the person's immediate control and immediately accessible personal property.

    Vehicle Searches

    • Search incident to arrest of a vehicle: only allowed when the occupants are unsecured or when there is reasonable belief that the vehicle contains evidence of the crime for which the arrest was made.
    • Scope of vehicle search: anywhere in the passenger compartment, including areas accessible without exiting the vehicle.

    Containers and Bags

    • Search of containers and bags: allowed if they are accessible to the suspect and are within the scope of the search incident to arrest.
    • Plain view seizure: allowed if the evidence or contraband is visible from within the leaping or lunging distance or anywhere along the route for removal by the suspect.

    Protective Sweeps

    • Justification for protective sweep: to remove any threats to officer safety.
    • Scope of protective sweep: areas where accomplices could reasonably hide.
    • Limitations: may not take longer than necessary to accomplish the purpose and may not continue after the suspicion of danger has been dispelled.

    Importance of Securing Suspects

    • Failure to secure suspects can create an appearance of unreasonable search.
    • Officers must take steps to ensure suspects are secured to prevent them from accessing weapons or destroying evidence.

    Relevant Court Cases

    • State of Missouri v. Carrawell (2016): no longer allows the search of items a defendant might have had around them without other evidence of probable cause to search for evidence of a crime or to stop an actual threat when they have been secured away from the item(s).
    • Arkansas v. Sullivan (2001): expanded Court decision in U.S. v. Whren (1996) which established that officers may arrest for any crime for which they have probable cause with having to show that the arrest was a pretext for a desire to investigate another crime.
    • Arizona v. Gant (2009): limits the authority of the police to search the vehicle compartment of an automobile, and any containers inside that compartment, as an incident to the arrest of the vehicle's occupants.
    • Iowa v. Knowles (1998): Supreme Court ruled that Iowa Supreme Court expansion of Search Incident to Arrest justifications to include situations where the officer has probable cause to arrest, but issued a citation instead, was unconstitutional.### Warrantless Searches
    • A search of a person and their clothing is allowed upon arrest, but items/containers separated and secured away from the defendant are not automatic searches.
    • If the officer believes the items contain weapons or evidence of a crime, a search of those items may be supported by the courts.

    Search Incident to Arrest (SIA)

    • SIA of a vehicle: search of arrested person's vehicle for weapons to prevent injury or death of the officer and for evidence or contraband to prevent its destruction.
      • Requires a custodial arrest from the vehicle or its immediate vicinity, based on probable cause to make the arrest.
      • Search may take place while the occupants still reasonably have access to the vehicle.
    • SIA of a premise: search of arrested person's immediate surroundings at the time of arrest for weapons to prevent injury or death of the officer and for evidence or contraband to prevent its destruction.
      • Requires a custodial arrest within a protected area, based on probable cause to make the arrest.
      • Full search of the area within the person's immediate control and of immediately accessible personal property for weapons, evidence, contraband or means of escape.

    Protective Sweep

    • Purpose: to assure that no accomplices who may pose a danger to the officer are hiding in the premise in which an arrest is taking place.
    • Requires legal presence in the premise and reasonable suspicion that there may be accomplices present in the premise.
    • Search can take place anywhere the accomplices could reasonably hide, and cannot take longer than necessary to accomplish the purpose or than it takes to effect the arrest.

    Motor Vehicle Exception

    • Seizure of evidence of a crime from a mobile vehicle where it is impractical to obtain a search warrant.
    • Requires probable cause that particular evidence of a particular crime is in a mobile vehicle at this time.
    • Search can take place anywhere in the vehicle where the weapons, evidence or contraband for which the officer has probable cause could be hidden.

    Emergency (Exigent) Circumstance

    • Purpose: to prevent destruction of evidence or contraband before a search warrant may be obtained, or to allow entry of protected areas to preserve life and property.
    • Requires probable cause that an emergency exists.
    • Search can take place to seize endangered weapons, evidence or contraband, or to render aid.
    • Purpose: to search a protected area with permission of the interested party.
    • Requires voluntary consent, which must come from a person who is in legal possession of the area, with right of access and exclusion, and the consenting person must be aware of what they are doing.
    • Search can take place anywhere to which the consenting party agrees, for as long as they agree, for weapons, evidence, and contraband.

    Inventories

    • Purpose: to identify and assure security of personal effects of the arrested party.
    • Booking: requires a legal custodial arrest and a department policy requiring itemization of property found on the suspect's person.
    • Vehicle: requires a legal impoundment of the vehicle and a department policy requiring itemization of property found in the vehicle.
    • Search can take place anywhere on the person of the suspect, and in personal property which they may be carrying, for items of value or items which might be used to cause injury or effect escape.

    Overview of Container Searches

    • Type of Search: Open Container, Closed but Not Locked Container, Locked Container
    • Search Warrant: search if in authorized area and item to be seized could fit within, use minimum force required
    • Abandoned Item: search is not restricted
    • Private Search: search to the extent that the private person searched
    • Consent: search unless specifically excluded in general consent
    • Frisk: search with warrantless search if immediately accessible to the suspect
    • Search Incident to Arrest: search if accessible to the suspect
    • Motor Vehicle Exception: search based on probable cause if item sought could be hidden inside
    • Inventory: search if container searches are authorized by department policy, but may have to pay for damage

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    Description

    This quiz covers the rules and procedures surrounding searches incident to arrest, including the scope of such searches, plain view issues, and protective sweeps.

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