72 Questions
What is the primary focus of the lesson plan in this section?
Understanding the scope of searches incident to arrest
What is the justification required for a search incident to arrest?
The arrest itself
When an arrest is made on private property, what is the scope of the search?
The immediate area of the arrest
What is the effect of delay in searching a person under the incident to arrest justification?
The authority to search is lost
What is the authorization for and restrictions on searches of containers incident to arrest?
Containers are searched only if they are within reach
What is the authority that allows the seizure of evidence or contraband found at the time of an arrest?
The plain view doctrine
What is the basis for a search incident to arrest?
A valid arrest
What happened in the State of Missouri v. Carrawell (2016) court case?
The search of items separated from the suspect required other evidence of probable cause
What was established in the Arkansas v. Sullivan (2001) court case?
Officers may arrest for any crime for which they have probable cause
What is required for an officer to search a person's purse, luggage, bag or similar item?
All of the above
What is the purpose of using a K9 officer in the inventory procedure?
To protect the officers, the station and the tow companies when moving and storing vehicles
What was established in the U.S. v. Whren (1996) court case?
Officers may arrest for any crime for which they have probable cause
What is the result of the Gant court case?
All of the above
What is the requirement for an officer to seize an item associated with the defendant?
As part of the officer's administrative duties regarding the property of the defendant
What should be addressed in the Standard Operating Procedures (SOP) on inventory procedures with every department?
The inventory procedure for personal property
What is the general requirement for obtaining physical evidence from the body of an arrested suspect?
No specific requirement, as long as the search is incident to arrest
Under what circumstances can police search a vehicle incident to arrest according to Arizona v. Gant?
When there is reasonable belief that the vehicle contains evidence of the crime for which the arrest was made
What is the main reason searches incident to arrest are no longer allowed when the occupants are secured and removed from the vehicle?
The occupants no longer have access to the vehicle to obtain a weapon or destroy evidence
What is required for a search incident to arrest to be justified if the arrestee is secured and away from the vehicle?
Probable cause that evidence related to the offense is in the vehicle
What can officers still conduct even if a search incident to arrest is not justified?
Consent, plain view, motor vehicle exception, canine sniffs, and inventories searches
What is the limitation on searches incident to arrest according to Justice Scalia?
If an officer leaves a suspect unrestrained nearby, just to manufacture authority to search, the search is unreasonable
What is required for a search incident to arrest to be justified in general?
A lawful custodial arrest of the vehicle occupant
What is the result of failing to secure the suspects according to the text?
The search is unreasonable
What is the ruling in Iowa v. Knowles regarding searches incident to arrest?
Iowa Supreme Court expansion of Search Incident to Arrest justifications is unconstitutional
What is the main difference between searches incident to arrest and other searches?
The legal justification for the search
What is the limitation on searches incident to arrest when the officer has probable cause to arrest, but issues a citation instead?
The search is never justified in this situation
What is the primary purpose of a Search Incident to Arrest (SIA)?
To disarm the arrested suspect and preserve evidence
Under which exception to a warrantless search can officers search abandoned property?
Section 208 Non-Fourth Amendment Searches
According to the Attorney General, what should officers not fear in regards to evidence seized?
Defense motions challenging the admission of evidence
What does RSMo 544.216 allow certified peace officers to do?
Make a full custodial arrest for traffic offenses
What is the purpose of a frisk under the Stop and Frisk exception?
To prevent injury or death of the officer
What is the scope of a search incident to arrest of a person?
Full search of the person and immediately accessible personal property
When can officers seize items under the Plain View Doctrine?
When they immediately recognize the item as evidence or contraband
What is the justification for a search incident to arrest of a premise?
The person's immediate control and accessible personal property
What is required for a search incident to arrest?
A custodial arrest based on probable cause
When can officers search a vehicle under the Search Incident to Arrest exception?
When the occupants are secured and no longer have access to the vehicle
When does the justification to search premises incident to arrest diminish?
After the suspect is removed from the premises
What is included in the scope of a search incident to arrest of a vehicle?
The area within the person's immediate control and accessible personal property
What is the purpose of a search incident to arrest?
To prevent destruction of evidence
What is the definition of the passenger compartment of an automobile?
Any area generally reachable without exiting the vehicle
Under what exception can officers search a person's vehicle when they are arrested near the vehicle?
Search Incident to Arrest
What is required for a frisk of a motor vehicle?
Reasonable suspicion that the person is armed and the weapon may be in the vehicle
What is the ruling in U.S. v. Olguin-Rivera?
A covered cargo area of an SUV is treated as a part of the interior, accessible to occupants
Under what exception can officers seize evidence or contraband found by private persons?
CMPA - No Purpose Justification Scope
What is the significance of Atwater v. City of Lago Vista (2001)?
It expanded the power of officers to make a full custodial arrest for any criminal offense
What is the limitation on the scope of a search incident to arrest of a vehicle?
The search may take place while the occupants still reasonably have access to the vehicle
What is the determining factor for a legal search incident to arrest?
The area reachable by an occupant without exiting the automobile
What is the purpose of a search incident to execution of a search warrant?
To search for weapons to prevent injury or death of the officer
What is the requirement for searching a locked container during an inventory search?
Use minimum force required and may have to pay for damage
What is the scope of a search incident to arrest in regards to containers?
Only accessible containers can be searched
What is required for a patdown of the outer clothes for weapons only?
Reasonable suspicion that the person is armed
What is the limitation on a search incident to arrest?
Only areas reachable by an occupant without exiting the automobile
What is the exception to the rule for searching a motor vehicle?
The officer must have probable cause to believe the vehicle contains evidence
What is the requirement for searching a closed but not locked container?
Search is not restricted
What is the scope of a search warrant?
Locations specified in the warrant for items named in the warrant
What is the purpose of a sweep of the premises?
To ensure the safety of the officers and others present
What is the requirement for searching a private container?
The officer can search the container to the extent the private person searched
What is the duration of a sweep of the premises?
Until the arrest is completed and the premises are left
What is the consequence of damaging a locked container during an inventory search?
The officer may have to pay for the damage
What is the basis for taking evidence?
All of the above
What is the limitation on searching a container incident to arrest?
Only if the container is open and accessible
What is the principle of plain view seizure?
Evidence or contraband must be in plain view
What is the purpose of a protective sweep during an arrest?
To assure that no accomplices who may pose a danger to the officer are hiding in the premise
Under what circumstances can a search incident to arrest be conducted?
When the arrest is made within a protected area and there is probable cause to make the arrest
What is the scope of a search incident to arrest?
The area within the arrested person's immediate control
What is the purpose of an inventory search?
To identify and assure security of personal effects of the arrested party
What is the requirement for consent to search a protected area?
All of the above
What is the Motor Vehicle Exception?
Seizure of evidence of a crime from a mobile vehicle where it is impractical to obtain a search warrant
Under what circumstances can an emergency (exigent) circumstance search be conducted?
When there is a risk of destruction of evidence or danger to life or property
What is the scope of a search under the Motor Vehicle Exception?
The area within the vehicle where the officer has probable cause to believe evidence of a crime is present
What is the purpose of a SIA of Premise Search?
To search the arrested person's immediate surroundings at the time of arrest
What is the limitation on the duration of a protective sweep?
It cannot take longer than the time it takes to effect the arrest
Study Notes
Search Incident to Arrest
- Search incident to arrest is justified by a valid arrest and the need to search for weapons, evidence, or contraband.
- The officer must be able to prove the arrest was legal and the need to search incident to that arrest.
Court Cases
- State of Missouri v. Carrawell (2016): Search of items associated with the defendant is no longer allowed after the suspect is separated or secured away from the item unless there is:
- Consent
- Independent probable cause to search those items
- Exigent circumstances
- Some other exception to a warrantless search
- 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, without having to show that the arrest was a pretext for a desire to investigate another crime.
- Arizona v. Gant (2009): Limits the authority of 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.
Scope of Search Incident to Arrest
- Search incident to arrest remains justified for:
- Search of the person and their clothing
- Search of the passenger compartment of the vehicle
- Search of areas within the person's immediate control ("leaping and lunging distance")
- Search of immediately accessible personal property
- Justification to search premises incident to arrest diminishes quickly after the suspect is removed from the premises.
Protective Sweeps
- Protective sweeps are justified by:
- Legal presence in the premise
- Reasonable suspicion that there may be accomplices present in the premise
- The sweep may not continue after the suspicion of danger has been dispelled and, in any event, may last no longer than necessary to complete the arrest and leave the premises.
Obtaining Physical Evidence
-
General requirement for obtaining physical evidence from the body of an arrested suspect:
- Warning of rights
- Three other generally accepted means of obtaining physical evidence from a suspect (besides a search incident to arrest)
-
Search incident to arrest is only justified by legal custodial arrests.### Search of Arrested Person's Belongings
-
A search of an arrested person's belongings may be supported by the courts if the officer believes the items contain weapons or evidence of a crime for which the person is being arrested.
-
If no connection to the arrest, the officer must apply another exception to a warrantless search, use an inventory procedure, or apply for a search warrant.
Search Incident to Arrest (SIA)
Vehicle Search
- 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.
- 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.
Premise Search
- 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.
- 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.
Protective Sweep
- Assure that no accomplices who may pose a danger to the officer are hiding in the premise in which an arrest is taking place.
- Legal presence in the premise and reasonable suspicion that there may be accomplices present.
- Search anywhere accomplices could reasonably hide.
Section 211 - Searches and Seizures Without a Warrant
Motor Vehicle Exception
- Seizure of evidence of a crime from a mobile vehicle where it is impractical to obtain a search warrant.
- Probable cause that particular evidence of a particular crime is in a mobile vehicle at this time.
- Search anywhere in the vehicle where the weapons, evidence, or contraband could be hidden.
Emergency (Exigent) Circumstance
- To prevent destruction of evidence or contraband before a search warrant may be obtained.
- To allow entry of protected areas to preserve life and property.
- Probable cause that an emergency exists.
Consent
- Search a protected area with permission of interested party.
- Consent must be voluntary, come from a person who is in legal possession of the area, and be aware of what they are doing.
Inventories
- To identify and assure security of personal effects of arrested party.
- Booking: Legal custodial arrest and a department policy requiring itemization of property found on the suspect's person.
- Vehicle: Legal impoundment of the vehicle and a department policy requiring itemization of property found in the vehicle.
Overview of Container Searches
- Type of search, open container, closed but not locked container, and locked container.
- Search warrant required for locked container, except for inventory search.
- Private search and consent search rules apply.
- Frisk search and search incident to arrest rules apply.
- Motor vehicle exception rules apply.
This lesson plan covers the scope of searches, including plain view issues, special automobile searches, and protective sweeps, as well as the restrictions and authority for seizing physical evidence from arrested subjects. Building on previous 200 block studies, recruits will learn about search incident to arrest.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
