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Questions and Answers
What is the main focus of the lesson plan in the 200 block of Constitutional Law?
What is the main focus of the lesson plan in the 200 block of Constitutional Law?
When can a search incident to arrest be conducted?
When can a search incident to arrest be conducted?
What is the scope of a search when an arrest is made in a motor vehicle?
What is the scope of a search when an arrest is made in a motor vehicle?
What is the justification for a protective sweep?
What is the justification for a protective sweep?
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What is the authority for seizing physical evidence from an arrested subject?
What is the authority for seizing physical evidence from an arrested subject?
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What is the effect of delay in searching a person under the incident to arrest justification?
What is the effect of delay in searching a person under the incident to arrest justification?
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What is the scope of a search when an arrest is made on private property?
What is the scope of a search when an arrest is made on private property?
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What is the general requirement for obtaining physical evidence from the body of an arrested suspect?
What is the general requirement for obtaining physical evidence from the body of an arrested suspect?
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What is the basis of the justification to search incident to arrest?
What is the basis of the justification to search incident to arrest?
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According to the State of Missouri v. Carrawell (2016) case, what is no longer allowed in a search incident to arrest?
According to the State of Missouri v. Carrawell (2016) case, what is no longer allowed in a search incident to arrest?
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What is required to search a person's purse, luggage, bag or similar item on or near the arrestee?
What is required to search a person's purse, luggage, bag or similar item on or near the arrestee?
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What is the purpose of using a K9 officer in an impounding or inventory procedure of personal property or automobiles?
What is the purpose of using a K9 officer in an impounding or inventory procedure of personal property or automobiles?
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What did the Arkansas v. Sullivan (2001) case establish?
What did the Arkansas v. Sullivan (2001) case establish?
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What did the U.S. v. Whren (1996) case establish?
What did the U.S. v. Whren (1996) case establish?
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What is the limitation on searches incident to arrest of a vehicle according to the Gant case?
What is the limitation on searches incident to arrest of a vehicle according to the Gant case?
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What is the purpose of an inventory procedure of personal property or automobiles?
What is the purpose of an inventory procedure of personal property or automobiles?
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What should be reflected in the agencies' SOP's and/or general orders regarding the use of a K9 officer?
What should be reflected in the agencies' SOP's and/or general orders regarding the use of a K9 officer?
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Why is it necessary for peace officers to follow guidelines and Court Decisions when conducting searches incident to arrest?
Why is it necessary for peace officers to follow guidelines and Court Decisions when conducting searches incident to arrest?
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What is required for a container search to be valid?
What is required for a container search to be valid?
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What is a plain view seizure?
What is a plain view seizure?
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What is required for a sweep to be valid?
What is required for a sweep to be valid?
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How long can a sweep last?
How long can a sweep last?
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What is required for a seizure of evidence?
What is required for a seizure of evidence?
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What is the limitation of a search incident to execution of a search warrant?
What is the limitation of a search incident to execution of a search warrant?
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What is abandoned property?
What is abandoned property?
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What is the purpose of a search and seizure?
What is the purpose of a search and seizure?
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What is required for a search to be conducted?
What is required for a search to be conducted?
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What is the scope of a search?
What is the scope of a search?
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What is the main limitation imposed by the Arizona v. Gant case on the authority of the police to search a vehicle?
What is the main limitation imposed by the Arizona v. Gant case on the authority of the police to search a vehicle?
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Under what circumstances can the police search a vehicle incident to arrest?
Under what circumstances can the police search a vehicle incident to arrest?
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What is the scope of a search incident to arrest?
What is the scope of a search incident to arrest?
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What happens if the police fail to secure the suspects before searching the vehicle?
What happens if the police fail to secure the suspects before searching the vehicle?
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What is required to search a vehicle incident to arrest after the arrestee is secured and away from the vehicle?
What is required to search a vehicle incident to arrest after the arrestee is secured and away from the vehicle?
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What is the purpose of a search incident to arrest?
What is the purpose of a search incident to arrest?
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What is the result of the Iowa v. Knowles case?
What is the result of the Iowa v. Knowles case?
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What is the exception to the rule that searches incident to arrest are only justified by legal custodial arrests?
What is the exception to the rule that searches incident to arrest are only justified by legal custodial arrests?
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What is the result of the Atwater v. City of Lago Vista case?
What is the result of the Atwater v. City of Lago Vista case?
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What is the requirement for searches incident to arrest according to the Missouri Attorney General's opinion?
What is the requirement for searches incident to arrest according to the Missouri Attorney General's opinion?
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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?
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?
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What does the Atwater v. City of Lago Vista (2001) case state regarding custodial arrests?
What does the Atwater v. City of Lago Vista (2001) case state regarding custodial arrests?
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What is the scope of a search incident to arrest of a person?
What is the scope of a search incident to arrest of a person?
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What is the justification for searching premises incident to arrest?
What is the justification for searching premises incident to arrest?
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What is the scope of a search incident to arrest of a vehicle?
What is the scope of a search incident to arrest of a vehicle?
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In the United States v. Doward (1994) case, what is the definition of the passenger compartment of an automobile?
In the United States v. Doward (1994) case, what is the definition of the passenger compartment of an automobile?
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What is the ruling in the U.S. v. Olguin-Rivera (1999) case regarding the search of a covered cargo area of an SUV?
What is the ruling in the U.S. v. Olguin-Rivera (1999) case regarding the search of a covered cargo area of an SUV?
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What is the principle agreed upon by the 8th Circuit Court in U.S. v. Barnes (2004) regarding search incident to arrest?
What is the principle agreed upon by the 8th Circuit Court in U.S. v. Barnes (2004) regarding search incident to arrest?
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What is the result of delaying the search of a person under the incident to arrest justification?
What is the result of delaying the search of a person under the incident to arrest justification?
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What happens to the search incident to arrest authority once the officers leave the premises?
What happens to the search incident to arrest authority once the officers leave the premises?
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What is the purpose of a search incident to arrest?
What is the purpose of a search incident to arrest?
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Under which doctrine can evidence or contraband be seized if it is in plain view?
Under which doctrine can evidence or contraband be seized if it is in plain view?
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What is required for a search of a detained person's vehicle?
What is required for a search of a detained person's vehicle?
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What is the scope of a search of an arrested person's vehicle?
What is the scope of a search of an arrested person's vehicle?
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What is the justification for a frisk of a detained person?
What is the justification for a frisk of a detained person?
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What is required for a search incident to arrest of a vehicle?
What is required for a search incident to arrest of a vehicle?
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What is the purpose of a search incident to arrest of a person?
What is the purpose of a search incident to arrest of a person?
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What is the scope of a search of an arrested person?
What is the scope of a search of an arrested person?
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What is the justification for seizing evidence or contraband found in plain view?
What is the justification for seizing evidence or contraband found in plain view?
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What is the purpose of a frisk of a detained person's vehicle?
What is the purpose of a frisk of a detained person's vehicle?
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What is required for a search incident to arrest to be conducted?
What is required for a search incident to arrest to be conducted?
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What is the scope of a search based on the motor vehicle exception?
What is the scope of a search based on the motor vehicle exception?
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What is required for a container search to be valid under the inventory exception?
What is required for a container search to be valid under the inventory exception?
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What is the limitation on a search of a locked container?
What is the limitation on a search of a locked container?
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What is the scope of a search based on the private search exception?
What is the scope of a search based on the private search exception?
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What is the purpose of an inventory procedure?
What is the purpose of an inventory procedure?
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What is required for a search of an abandoned item?
What is required for a search of an abandoned item?
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What is the scope of a search based on consent?
What is the scope of a search based on consent?
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What is the primary purpose of a search incident to arrest?
What is the primary purpose of a search incident to arrest?
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What is the scope of a protective sweep?
What is the scope of a protective sweep?
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What is the justification for a motor vehicle exception?
What is the justification for a motor vehicle exception?
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Under what circumstances can a search be conducted without a warrant?
Under what circumstances can a search be conducted without a warrant?
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What is the purpose of an inventory search?
What is the purpose of an inventory search?
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What is the scope of a search under the emergency (exigent) circumstance exception?
What is the scope of a search under the emergency (exigent) circumstance exception?
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When can a search incident to arrest be conducted in a protected area?
When can a search incident to arrest be conducted in a protected area?
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What is the scope of a consent search?
What is the scope of a consent search?
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What is the primary concern of a search incident to arrest?
What is the primary concern of a search incident to arrest?
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Under what circumstances can a vehicle be searched without a warrant?
Under what circumstances can a vehicle be searched without a warrant?
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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.
Consent
- 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.