Podcast
Questions and Answers
Which of the following is required for a protective sweep of a home, incident to an arrest occurring just outside that home?
Which of the following is required for a protective sweep of a home, incident to an arrest occurring just outside that home?
- Articulable facts warranting a reasonable belief of a dangerous individual in the rooms to be searched (correct)
- A routine procedure
- A warrant
- A valid consent from the suspect
In the case of Mestral v. State, why was the warrantless protective sweep of the defendant's home found to be impermissible?
In the case of Mestral v. State, why was the warrantless protective sweep of the defendant's home found to be impermissible?
- The officers entered the home without any articulable facts (correct)
- The defendant did not give consent for the search
- The officers did not anticipate making an arrest
- The officers did not have a valid search warrant
What should you do if you want to conduct a complete search of a premises after making an arrest?
What should you do if you want to conduct a complete search of a premises after making an arrest?
- Perform a protective sweep
- Obtain a valid consent from the suspect
- Obtain a valid search warrant (correct)
- Conduct a routine procedure
When can an officer search the area within an arrestee's immediate control without a warrant?
When can an officer search the area within an arrestee's immediate control without a warrant?
What areas may be searched without a warrant when an arrest is made inside premises?
What areas may be searched without a warrant when an arrest is made inside premises?
When does the search incident-to-arrest warrant exception no longer apply?
When does the search incident-to-arrest warrant exception no longer apply?
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