Search Incident to Lawful Arrest
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Questions and Answers

What is the primary requirement for a warrantless search to be valid if it is made incident to a lawful arrest?

  • It must be made with probable cause.
  • It must be made with a warrant.
  • It must be approved by a superior officer.
  • It must be reasonable in scope and made contemporaneously with the arrest. (correct)
  • In what circumstances can a 'protective sweep' of a home be conducted?

  • When the arrest occurs in a public place.
  • When the officers have probable cause to believe evidence is hidden in the home.
  • When the officers have reasonable suspicion that confederates are hiding in the home.
  • When the arrest occurs in a home and the officers have reasonable suspicion that confederates are hiding in areas immediately adjacent to the place of arrest. (correct)
  • What is the scope of a search incident to a lawful arrest in terms of the person's clothing?

  • The search is limited to the outer layer of clothing.
  • The search includes the right to search pockets of clothing and open containers found inside the pockets. (correct)
  • The search does not include the clothing at all.
  • The search is limited to the clothing that is visible.
  • What is the consequence of an invalid arrest on a search incident to that arrest?

    <p>The search is invalid, and any evidence obtained is inadmissible in court.</p> Signup and view all the answers

    What is the temporal requirement for a search incident to a lawful arrest?

    <p>The search must be made contemporaneously with the arrest.</p> Signup and view all the answers

    What is the rationale behind the Chimel standard?

    <p>To ensure the safety of the officers and prevent the destruction of evidence.</p> Signup and view all the answers

    What is the consequence of a traffic stop that does not result in an arrest?

    <p>There can be no search incident to a lawful arrest.</p> Signup and view all the answers

    What is the scope of a 'protective sweep' of a home?

    <p>A quick and limited visual inspection of areas immediately adjacent to the place of arrest.</p> Signup and view all the answers

    What is the consequence of failing to comply with a police request during a traffic stop?

    <p>Arrest of the detained person</p> Signup and view all the answers

    What is the Fourth Amendment's protection against?

    <p>Unreasonable seizures</p> Signup and view all the answers

    Under what circumstances can police extend a stop to conduct a dog sniff?

    <p>With reasonable suspicion</p> Signup and view all the answers

    What is required to support a seizure beyond the initial stop?

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

    What is the Gant rule related to?

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

    What is the 'plain-view' doctrine related to?

    <p>Items in public view</p> Signup and view all the answers

    What is the limitation of probable cause to search a vehicle?

    <p>It can only be used to search containers that reasonably could hold the evidence</p> Signup and view all the answers

    Under what circumstances can police search a passenger's belongings?

    <p>When the passenger is within reaching distance of the vehicle</p> Signup and view all the answers

    What is the purpose of a pretextual stop?

    <p>To investigate a hunch that the occupants possessed drugs</p> Signup and view all the answers

    What is the limitation of searching a trunk?

    <p>Police can search the entire trunk and every container in the trunk</p> Signup and view all the answers

    What is the primary purpose of a stop and frisk?

    <p>To protect an officer from imminent injury</p> Signup and view all the answers

    What is the standard for determining reasonable suspicion in a stop?

    <p>The totality of the circumstances</p> Signup and view all the answers

    What is the basis for a police officer's reasonable suspicion in Illinois v. Wardlow?

    <p>A person's presence in a high-crime area and fleeing upon noticing the police</p> Signup and view all the answers

    What is the basis for a police officer's reasonable mistake of law in Heien v. North Carolina?

    <p>A reasonable mistake of law</p> Signup and view all the answers

    What is the purpose of a limited search of a person during a frisk?

    <p>To preserve the safety of the officer and others</p> Signup and view all the answers

    What is the requirement for a police officer to conduct a search of the passenger compartment of a vehicle during a Terry stop?

    <p>The officer must have reasonable suspicion that the suspect is dangerous and may gain immediate control of weapons</p> Signup and view all the answers

    What is the limitation on the duration of a Terry stop?

    <p>The stop must be temporary and last no longer than necessary to effectuate the purpose of the stop</p> Signup and view all the answers

    What is the requirement for a police officer to require a detained person to identify themselves?

    <p>The officer may require identification at any time during a stop</p> Signup and view all the answers

    What is the exception to the warrant requirement that allows an officer to seize evidence during a frisk?

    <p>The plain feel exception</p> Signup and view all the answers

    What is the requirement for a police officer to order occupants out of a vehicle during a lawful stop?

    <p>The officer may order occupants out of a vehicle at any time during a stop</p> Signup and view all the answers

    When can a third party's consent to a search be valid even though they lack actual authority?

    <p>When the police reasonably believe the third party has authority</p> Signup and view all the answers

    What is required for an administrative search warrant to be issued?

    <p>Evidence of an existing statutory or regulatory violation or a reasonable plan supported by a valid public interest</p> Signup and view all the answers

    What happens when a defendant is present and objects to a search of a jointly controlled property?

    <p>The police cannot rely on third-party consent</p> Signup and view all the answers

    Can a landlord consent to a search of a tenant's premises?

    <p>No, as the tenant has control over the premises</p> Signup and view all the answers

    What is the rule for searching a child's room with a parent's consent?

    <p>The parent can consent to the search of the room, but not locked containers</p> Signup and view all the answers

    Can the government use administrative searches to investigate criminal activity?

    <p>No, administrative searches are only for non-criminal purposes</p> Signup and view all the answers

    What happens when a defendant previously objected to a search, but is not present at the time of the search?

    <p>A third party can still consent to the search</p> Signup and view all the answers

    What is the burden of proof in establishing that consent was freely given?

    <p>The prosecution must prove the permission was freely given</p> Signup and view all the answers

    Who can consent to a search of a hotel room?

    <p>The hotel clerk, only after the guest has permanently checked out</p> Signup and view all the answers

    What happens when consent is given to search a car, and a closed container is found inside?

    <p>The police can search the container if they reasonably believe it could contain evidence</p> Signup and view all the answers

    Which of the following is an exception to the warrant requirement for searching a person's digital information?

    <p>None of the above</p> Signup and view all the answers

    What is required to justify a warrantless search of an automobile incident to arrest?

    <p>The arrestee is within reaching distance of the passenger compartment and may pose an actual threat</p> Signup and view all the answers

    What is an exception to the warrant requirement for searching a legally impounded vehicle?

    <p>Routine inventory search</p> Signup and view all the answers

    What is the test used to determine the existence of exigent circumstances?

    <p>Totality of circumstances</p> Signup and view all the answers

    What is an exception to the warrant requirement for entering a private building?

    <p>Hot pursuit</p> Signup and view all the answers

    What is an important factor to consider when determining whether an exigency exists?

    <p>The gravity of the underlying offense</p> Signup and view all the answers

    What is authorized whenever there is a reasonable apprehension that the delay required in obtaining a warrant would result in the immediate danger of evidence destruction?

    <p>Warrantless search</p> Signup and view all the answers

    Which of the following is not a circumstance that justifies a warrantless search of a vehicle?

    <p>The vehicle is in a public place</p> Signup and view all the answers

    What is the rule regarding exigent circumstances that does not apply when the police create the exigency?

    <p>Exigent circumstances rule</p> Signup and view all the answers

    What is the standard for determining whether a person needs aid in an emergency situation?

    <p>Objective reasonable belief</p> Signup and view all the answers

    Which of the following searches does not require reasonable suspicion?

    <p>Searches of parolees and their homes</p> Signup and view all the answers

    What is the standard for searches of students by public school officials?

    <p>Moderate chance</p> Signup and view all the answers

    Which of the following is an example of a special needs search?

    <p>Drug testing for railroad employees involved in an accident</p> Signup and view all the answers

    What is the purpose of inventory searches of items in official custody?

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

    Which of the following is a valid search without a warrant?

    <p>Search of a business in a highly regulated industry</p> Signup and view all the answers

    What is the standard for international border searches?

    <p>No suspicion required</p> Signup and view all the answers

    Which of the following is a type of search that requires a warrant?

    <p>Search of a person's home without a warrant is never allowed</p> Signup and view all the answers

    What is the purpose of vehicle checkpoints and roadblocks?

    <p>To get drunk drivers off the road</p> Signup and view all the answers

    Which of the following is an exception to the warrant requirement?

    <p>Search of a business in a highly regulated industry</p> Signup and view all the answers

    What is the standard for factory searches of the entire work force to determine citizenship of workers?

    <p>No standard required</p> Signup and view all the answers

    Under the 'plain view' doctrine, which of the following conditions must be met for an officer to seize an item?

    <p>The officer must have lawful access to the item and the item's incriminating character must be immediately apparent.</p> Signup and view all the answers

    Which of the following types of permission is not considered voluntary consent?

    <p>Permission given under threats of harm.</p> Signup and view all the answers

    According to the Schneckloth v. Bustamonte case, what is required for consent to be valid?

    <p>None of the above, consent is valid regardless of the circumstances.</p> Signup and view all the answers

    In which of the following situations may a third party give consent to a search of property owned by the defendant?

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

    Which of the following cases established that a third party's consent to a search of property owned by the defendant is not valid unless the third party has the authority to consent on behalf of the defendant?

    <p>Frazier v. Cupp.</p> Signup and view all the answers

    What is required for an officer to seize an item under the 'plain view' doctrine?

    <p>The officer must have lawful access to the item and the item's incriminating character must be immediately apparent.</p> Signup and view all the answers

    In which of the following situations may an officer seize evidence in plain view?

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

    What is the main difference between a voluntary consent search and a warrant-based search?

    <p>The need for a search warrant.</p> Signup and view all the answers

    Which of the following cases established that a false assertion of authority by an officer can invalidate consent?

    <p>Bumper v. North Carolina.</p> Signup and view all the answers

    What is required for a third party to have the authority to consent to a search of property jointly controlled by the defendant and the third party?

    <p>The defendant must be present at the time of the search.</p> Signup and view all the answers

    What is the primary requirement for a wiretap warrant to be valid?

    <p>The warrant must demonstrate probable cause that a specific crime has been or is about to be committed.</p> Signup and view all the answers

    In what circumstances can a person assume no Fourth Amendment claim?

    <p>When the person makes no attempt to keep their conversation private.</p> Signup and view all the answers

    What is the requirement for a wiretap related to domestic security surveillance?

    <p>It must be issued by a neutral and detached magistrate.</p> Signup and view all the answers

    What is the consequence of a wiretap warrant that does not comply with the Omnibus Crime Control and Safe Streets Act?

    <p>The warrant is invalid and all evidence obtained is suppressed.</p> Signup and view all the answers

    What is the requirement for a wiretap warrant in terms of the duration of the wiretap?

    <p>The warrant must be limited to a short period of time.</p> Signup and view all the answers

    What is the requirement for a wiretap warrant in terms of the description of the conversations that can be overheard?

    <p>The warrant must describe the conversations with particularity.</p> Signup and view all the answers

    What is the primary requirement for a warrantless search of a cell phone or laptop incident to arrest?

    <p>absent exigent circumstances, a warrant is required</p> Signup and view all the answers

    Under what circumstances can a legally impounded vehicle be searched, including closed containers?

    <p>as part of a routine inventory search</p> Signup and view all the answers

    What is the test used to determine the existence of exigent circumstances in warrantless entry into a home or business?

    <p>totality of circumstances test</p> Signup and view all the answers

    What is an exception to the warrant requirement for entering a private building?

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

    What is an important factor to consider when determining whether an exigency exists in warrantless entry into a home?

    <p>gravity of the underlying offense</p> Signup and view all the answers

    What is authorized whenever there is a reasonable apprehension that the delay required in obtaining a warrant would result in the immediate danger of evidence destruction?

    <p>emergency search</p> Signup and view all the answers

    Which of the following searches does not require reasonable suspicion?

    <p>inventory search</p> Signup and view all the answers

    What is the rule regarding exigent circumstances that does not apply when the police create the exigency?

    <p>exigent circumstances rule</p> Signup and view all the answers

    What is the standard for determining whether a person needs aid in an emergency situation?

    <p>objective reasonable belief</p> Signup and view all the answers

    What is the exception to the warrant requirement for searching a vehicle, according to Arizona v. Gant?

    <p>either (i) or (ii)</p> Signup and view all the answers

    What is the primary purpose of a Terry stop?

    <p>To protect an officer and others from imminent harm</p> Signup and view all the answers

    What is required for a police officer to have reasonable suspicion to conduct a frisk?

    <p>Reasonable suspicion of illegal activity based on articulable facts</p> Signup and view all the answers

    Under what circumstances can a police officer conduct a search of the passenger compartment of a vehicle?

    <p>When the police possess a reasonable belief that the suspect is dangerous and may gain immediate control of weapons</p> Signup and view all the answers

    What is the basis for a police officer's reasonable mistake of law in Heien v. North Carolina?

    <p>A police officer's reasonable mistake of law</p> Signup and view all the answers

    What is the limitation on the duration of a Terry stop?

    <p>The stop must be temporary and last no longer than is necessary</p> Signup and view all the answers

    What is the requirement for a police officer to require a detained person to identify themselves?

    <p>The police officer can require identification in a Terry stop</p> Signup and view all the answers

    What is the exception to the warrant requirement that allows an officer to seize evidence during a frisk?

    <p>The plain feel exception</p> Signup and view all the answers

    What is the requirement for a police officer to order occupants out of a vehicle during a lawful stop?

    <p>The police officer can order occupants out of the vehicle during a lawful stop</p> Signup and view all the answers

    What is the scope of a limited search of a person during a frisk?

    <p>A pat-down of the outer clothing</p> Signup and view all the answers

    What is the basis for a police officer's reasonable suspicion in Illinois v. Wardlow?

    <p>A flyer, a police bulletin, or an informant's tip accompanied by sufficient indicia of reliability</p> Signup and view all the answers

    What is the primary rationale behind allowing a search incident to a lawful arrest?

    <p>To ensure the safety of the arresting officers</p> Signup and view all the answers

    Under what circumstances can a search incident to a lawful arrest be conducted in a home?

    <p>When the arrest occurs in the home and the officers have probable cause</p> Signup and view all the answers

    What is the significance of the 'wingspan' in the context of a search incident to a lawful arrest?

    <p>It refers to the area where the arrestee can reach to grab a weapon</p> Signup and view all the answers

    What is the scope of a search incident to a lawful arrest in terms of containers?

    <p>All containers found on the person can be searched</p> Signup and view all the answers

    What is the consequence of an arrest that is invalid on a search incident to that arrest?

    <p>The search is invalid and any evidence obtained is inadmissible</p> Signup and view all the answers

    What is the purpose of a 'protective sweep' in the context of a search incident to a lawful arrest?

    <p>To ensure the safety of the officers and others in the immediate vicinity</p> Signup and view all the answers

    What is the time limitation for a search incident to a lawful arrest?

    <p>The search must be conducted contemporaneously with the arrest</p> Signup and view all the answers

    What is the basis for the Chimel standard?

    <p>The need to ensure the safety of the officers and others in the immediate vicinity</p> Signup and view all the answers

    What is the consequence of a traffic stop that violates the Fourth Amendment's protection against unreasonable seizures?

    <p>The evidence obtained is inadmissible in court.</p> Signup and view all the answers

    When can police search a vehicle without a warrant?

    <p>If they have probable cause to believe it contains contraband or evidence of a criminal activity.</p> Signup and view all the answers

    What is the limitation of probable cause to search a vehicle?

    <p>It only extends to containers that reasonably could hold the evidence.</p> Signup and view all the answers

    What is the purpose of a pretextual stop?

    <p>To investigate whether a law has been violated.</p> Signup and view all the answers

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

    <p>The entire vehicle, including the trunk and containers.</p> Signup and view all the answers

    What is the limitation of searching a trunk?

    <p>Police can only search the trunk if they have probable cause to believe it contains evidence of a crime.</p> Signup and view all the answers

    What is the 'plain-view' doctrine related to?

    <p>Items in public view that may be seized without a warrant.</p> Signup and view all the answers

    What is the consequence of failing to comply with a police request during a traffic stop?

    <p>The police can arrest the driver.</p> Signup and view all the answers

    Under what circumstances can police search a passenger's belongings?

    <p>If the police have probable cause to believe the passenger's belongings contain evidence of a crime.</p> Signup and view all the answers

    What is the basis for a police officer's reasonable suspicion in a stop?

    <p>A reasonable belief that a crime has been, or is being, committed.</p> Signup and view all the answers

    What is the primary requirement for a wiretap warrant?

    <p>The warrant must demonstrate probable cause that a specific crime has been or is about to be committed</p> Signup and view all the answers

    What is the consequence of a person finding out that the listener was wired or recording the conversation?

    <p>The person assumes the unreliability of those to whom they speak and has no Fourth Amendment claim</p> Signup and view all the answers

    What is the requirement for domestic security surveillance wiretaps?

    <p>A neutral and detached magistrate must make the determination</p> Signup and view all the answers

    What is the exception to the requirement for prior authorization when installing electronic equipment?

    <p>When a covert entry is planned</p> Signup and view all the answers

    What is the principle established in Katz v. United States, 389 U.S. 347 (1967)?

    <p>A speaker who makes no attempt to keep their conversation private has no Fourth Amendment claim</p> Signup and view all the answers

    What is the requirement for the termination of a wiretap?

    <p>The conversations that have been intercepted must be shown to the court</p> Signup and view all the answers

    Which of the following types of searches may be conducted without a warrant, based on the theory that the business impliedly consented to warrantless searches by entering into a highly regulated industry?

    <p>Searches of businesses in highly regulated industries</p> Signup and view all the answers

    What is the standard for determining whether a search of a student by a public school official is reasonable?

    <p>Moderate chance</p> Signup and view all the answers

    Which of the following is an example of a special needs search?

    <p>Drug testing of student athletes during the athletic season</p> Signup and view all the answers

    What is the purpose of an inventory search of items in official custody?

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

    Which of the following is a requirement for an inventory search of items in official custody?

    <p>The search must be performed according to standardized criteria and procedures</p> Signup and view all the answers

    What is the rationale behind the allowance of warrantless searches of parolees and their homes?

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

    Which of the following is an example of a routine international border search?

    <p>Opening of international mail if authorities have reasonable cause to suspect contraband in the mail</p> Signup and view all the answers

    What is the purpose of a vehicle checkpoint or roadblock?

    <p>To get drunk drivers off the road</p> Signup and view all the answers

    Which of the following is an example of a search that is justified by a reasonable suspicion of work-related misconduct?

    <p>Searches of government employees’ electronically recorded documents and conduct</p> Signup and view all the answers

    What is the rationale behind the allowance of warrantless searches of factory workers to determine citizenship?

    <p>Because the search is necessary to address a real, current, and vital problem</p> Signup and view all the answers

    What is the significance of the U.S. v. Matlock case in relation to third-party consent to searches?

    <p>It held that a third party's consent to a search is valid if they have actual authority.</p> Signup and view all the answers

    What happens when a defendant is present and objects to a search of a jointly controlled property?

    <p>The police may not rely on the third party's consent to search.</p> Signup and view all the answers

    What is the significance of the Illinois v. Rodriguez case in relation to third-party consent to searches?

    <p>It held that a third party's consent to a search is valid if they reasonably appear to have authority.</p> Signup and view all the answers

    What is the rule regarding the scope of consent to search a car?

    <p>Consent to search a car extends to any closed container found inside the car.</p> Signup and view all the answers

    What is the burden of proof in establishing that consent was freely given?

    <p>The prosecution must prove that the consent was freely given.</p> Signup and view all the answers

    What is the purpose of an administrative search warrant?

    <p>To conduct a health or safety inspection.</p> Signup and view all the answers

    What is the rule regarding the ownership of a premises and authority to consent to a search?

    <p>A landlord can never consent to a search of a tenant's premises.</p> Signup and view all the answers

    What is the significance of the Fernandez v. California case in relation to third-party consent to searches?

    <p>It held that a third party's consent to a search is valid even if the defendant previously objected to a search.</p> Signup and view all the answers

    What is the rule regarding the consent of a parent to search a child's room?

    <p>A parent can consent to a search of a child's room, but may lack authority to consent to the search of a locked container inside the room.</p> Signup and view all the answers

    What is the limitation on the use of administrative searches?

    <p>The government may not use administrative searches to investigate criminal activity.</p> Signup and view all the answers

    Under what circumstances can a police officer seize an item in plain view, even if it was not named in the search warrant?

    <p>The officer is lawfully on the premises, the item's incriminating character is immediately apparent, and the officer has lawful access to the item.</p> Signup and view all the answers

    What is required for permission to constitute consent to a search?

    <p>The permission must be given voluntarily.</p> Signup and view all the answers

    Under what circumstances can a third party's consent to a search be valid, even if they lack actual authority?

    <p>When the defendant has given the third party authority to consent on their behalf.</p> Signup and view all the answers

    What is the rule for searching a jointly controlled property when the defendant is present?

    <p>The police must obtain the defendant's consent to search the property.</p> Signup and view all the answers

    What happens when a third party gives consent to a search of a defendant's property, but the defendant does not have a close relationship with the third party?

    <p>The search is invalid, and the evidence cannot be used against the defendant.</p> Signup and view all the answers

    What is the rule for consent searches when the police officer falsely asserts that they have a warrant?

    <p>The consent is invalid, and the search is illegal.</p> Signup and view all the answers

    What is required for a police officer to seize evidence in plain view?

    <p>The officer must have lawful access to the item and its incriminating character must be immediately apparent.</p> Signup and view all the answers

    What is the rule for consent searches when the defendant is not aware of their right to withhold consent?

    <p>The consent is valid, and the search is legal.</p> Signup and view all the answers

    Under what circumstances can a police officer conduct a search based on a third party's consent?

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

    What is the rule for consent searches when the defendant is present, but the third party gives consent?

    <p>The search is invalid, and the evidence cannot be used against the defendant.</p> Signup and view all the answers

    Study Notes

    Search Incident to a Lawful Arrest

    • A warrantless search is valid if it is reasonable in scope and made incident to a lawful arrest.
    • If the arrest is invalid, any search made incident to it is also invalid.
    • A search incident to a lawful arrest cannot be made if the suspect is stopped for a traffic offense and given a citation but not arrested.

    The Chimel Standard

    • A lawful arrest justifies a warrantless contemporaneous search of the person arrested and the immediate surrounding area.
    • The "wingspan" of the person arrested includes the area within their immediate control.
    • Officers can conduct a "protective sweep" of adjacent areas to ensure their safety, but it must be limited to a quick and limited visual inspection.

    Time Limitations (Temporal Unity)

    • A search incident to a valid arrest must take place contemporaneously with the arrest to be valid.
    • The search incident to a lawful arrest includes the right to search pockets of clothing and to open containers found inside the pockets.
    • The search extends to containers "immediately associated" with the person, such as a shoulder bag or purse.
    • The search incident to lawful arrest exception does not extend to an arrestee's cell phone or laptop, and a warrant is required to search digital information.

    Vehicle Search Incident to Arrest

    • To justify a warrantless search of an automobile incident to arrest, the Fourth Amendment requires that law enforcement demonstrate either:
      • That the arrestee is within reaching distance of the passenger compartment at the time of the search and may pose an actual and continuing threat to the officer's safety or a need to preserve evidence.
      • That it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle.

    Impounded Vehicle

    • A legally impounded vehicle may be searched, including closed containers, as part of a routine inventory search.

    Exigent Circumstances

    • Warrantless entry into a home or business is presumed unlawful unless the government demonstrates both probable cause and exigent circumstances.
    • The "totality of the circumstances" test is used to determine the existence of exigent circumstances.
    • Police may secure the premises for a reasonable time to enable officers to obtain a warrant when the police have reason to believe that the failure to do so could result in the destruction of evidence.

    Hot Pursuit

    • If the police have probable cause to believe that an individual has committed a felony and they are pursuing him to arrest him, then they have the right to enter a private building during the pursuit.
    • The hot-pursuit exception is inapplicable if the suspect is suspected of a nonjailable traffic offense.

    Emergency Situations

    • A search without a warrant is authorized whenever there is a reasonable apprehension that the delay required in obtaining the warrant would result in the immediate danger of evidence destruction or the threatened safety of the officer or the public.

    Stop and Frisk

    • A "stop" is a limited and temporary intrusion on an individual's freedom of movement short of a full custodial arrest.
    • A stop is justified on the reasonable suspicion, based upon articulable facts, that the detainees are or were involved in illegal activity.
    • Reasonable suspicion can be based on a flyer, a police bulletin, or an informant's tip, but only if the tip is accompanied by sufficient indicia of reliability.

    Frisk

    • An officer who does not have probable cause to arrest may nonetheless make a limited search of a person he has lawfully stopped, such as a pat-down of the outer clothing, if he has reasonable suspicion that the person was or is involved in criminal activity and that the frisk is necessary for the preservation of his safety or the safety of others.

    Terry Stop and Frisk of a Car

    • Pursuant to a lawful stop of a vehicle, police may conduct a search of the passenger compartment for weapons, if they have a reasonable belief that the suspect is dangerous and may gain immediate control of weapons.
    • Police may order occupants out of a vehicle that they have lawfully stopped.

    Limits on Time, Place, and Investigative Method

    • A Terry stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop.
    • The investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer's suspicion in a short time.

    Development of Probable Cause

    • If the officer conducting the stop develops probable cause, the officer may then make an arrest and conduct a full search incident to that arrest.

    Automobile Exception

    • The Fourth Amendment does not require police to obtain a warrant to search a vehicle if they have probable cause to believe that it contains contraband or evidence of a criminal activity.
    • The police may search anywhere in a car that they believe there to be contraband, including the trunk and locked containers, so long as they have probable cause to do so.

    Pretextual Stop

    • Police may use a pretextual stop to investigate whether a law has been violated, even if they have no reasonable suspicion, provided that they have probable cause to believe that the law for which the vehicle was stopped has been violated.

    Containers within a Car

    • Probable cause to search a vehicle extends only to containers and compartments that reasonably could hold the evidence they are searching for.
    • If the police have probable cause to search only a particular container, they may search only that container, and not the entire car.

    Plain-View Doctrine

    • Items in public view may be seized without a warrant because one cannot have a reasonable expectation of privacy in things that are exposed to the public.
    • In situations in which there is a reasonable expectation of privacy, a police officer may seize an item in plain view of the officer, even if the item was not named in the search warrant, as long as the officer is lawfully on the premises, the incriminating character of the item is immediately apparent, and the officer has lawful access to the item.
    • Consent can serve to eliminate the need for police to have probable cause as well as to first obtain a warrant in order to conduct a search.
    • For permission to constitute consent, the permission must be given voluntarily.
    • The authority of a third party to consent to a search can be an issue, depending on the circumstances.
    • When the person from whom consent is sought is not the defendant, in addition to the voluntariness of the permission, the authority of that person to consent can be an issue.
    • The defendant can generally suppress evidence seized during a search of property owned or occupied by the defendant, unless the third party has an agency relationship with the defendant that gives to the third party the right to consent on behalf of the defendant, or the defendant otherwise gives the third party such rights with respect to the property that the defendant assumes the risk that the third party would allow the property to be searched.

    Jointly Controlled Property

    • When the property to be searched is under the joint control of the defendant and a third party, the authority of the third party to consent turns on whether the defendant is present at the time of the search.
    • If the property to be searched is under the joint control of the defendant and a third party, and the defendant is not present at the time of the search, then the third party has authority to consent.
    • When the property to be searched is under the joint control of the defendant and a third party, and the defendant is present at the time of the search, then the police may not rely on third-party consent if the defendant objects to the search.### Burden of Proof
    • The prosecution must prove that permission was freely given, and the defendant is not required to show that the permission was coerced.

    Administrative Searches

    • Administrative search warrants are generally required for nonconsensual fire, health, or safety inspections of residential or private commercial property.
    • Probable cause requirement for administrative searches is less stringent than that for a criminal investigation.
    • Evidence of an existing statutory or regulatory violation or a reasonable plan supported by a valid public interest will justify the issuance of a warrant.

    Valid Administrative Searches

    • Searches of people entering an airplane boarding area, as long as the passenger can prevent the search by not boarding the plane.
    • Searches of businesses in highly regulated industries, such as liquor stores, gun shops, strip-mining operations, and automobile junkyards, because of urgent public interest and implied consent to warrantless searches.
    • Oral statements seized by wiretaps, when matters of national security are at issue.
    • Searches of students by public school officials, based on reasonable grounds, and reasonably related to the objectives of the search.
    • Special needs searches, such as drug testing for railroad employees involved in an accident or student athletes during the athletic season.
    • Inventory searches of items in official custody, such as impounded vehicles, to protect the owner's property, police from claims of theft, and officers from danger.
    • Routine international border searches of border crossers and their belongings within the United States.
    • Vehicle checkpoints and roadblocks set up to stop cars on the basis of a neutral articulable standard and designed to serve a limited purpose closely related to the problem of an automobile's inherent mobility.
    • Factory searches of the entire work force to determine citizenship of workers.
    • Searches of government employees' electronically recorded documents and conduct, file cabinets, and desks if justified by a reasonable suspicion of work-related misconduct or a non-investigatory, work-related need.
    • Detention of a traveler whom authorities have reasonable suspicion is smuggling contraband in his stomach.
    • Searches of parolees and their homes, even with no reasonable suspicion, when a parolee agrees to submit to searches by a parole officer or police officer at any time as a condition of his parole.
    • Seizure of contaminated or spoiled food.
    • Searches for the cause of a fire that occurs within a reasonable time after the fire is extinguished, but excluding searches for other evidence unrelated to the cause that would establish that the fire was attributable to arson.

    Wiretapping

    • To obtain a warrant authorizing a wiretap, officers must satisfy the following requirements:
      • The warrant must be limited to a short period of time.
      • The warrant must demonstrate probable cause that a specific crime has been or is about to be committed.
      • The warrant must name the person or persons to be wiretapped.
      • The warrant must describe with particularity the conversations that can be overheard.
      • The warrant must include provisions for the termination of the wiretap.
    • Upon termination of the wiretap, the conversations that have been intercepted must be shown to the court.
    • A person assumes the unreliability of those to whom she speaks and has no Fourth Amendment claim if she finds out later that the listener was wired or recording the conversation.
    • A speaker who makes no attempt to keep his conversation private has no Fourth Amendment claim.
    • A wiretap related to domestic security surveillance requires that a neutral and detached magistrate—not the president—make the determination that a wiretapping warrant should issue, and the wiretap must comply with the Omnibus Crime Control and Safe Streets Act.
    • There is no requirement for prior authorization when a covert entry is planned to install the electronic equipment, or when a pen register is used.

    Search Incident to a Lawful Arrest

    • A warrantless search is valid if it is reasonable in scope and made incident to a lawful arrest.
    • If the arrest is invalid, any search made incident to it is also invalid.
    • A search incident to a lawful arrest cannot be made if the suspect is stopped for a traffic offense and given a citation but not arrested.

    The Chimel Standard

    • A lawful arrest justifies a warrantless contemporaneous search of the person arrested and the immediate surrounding area.
    • The "wingspan" of the person arrested includes the area within their immediate control.
    • Officers can conduct a "protective sweep" of adjacent areas to ensure their safety, but it must be limited to a quick and limited visual inspection.

    Time Limitations (Temporal Unity)

    • A search incident to a valid arrest must take place contemporaneously with the arrest to be valid.

    Scope of Search

    • The search incident to a lawful arrest includes the right to search pockets of clothing and to open containers found inside the pockets.
    • The search extends to containers "immediately associated" with the person, such as a shoulder bag or purse.
    • The search incident to lawful arrest exception does not extend to an arrestee's cell phone or laptop, and a warrant is required to search digital information.

    Vehicle Search Incident to Arrest

    • To justify a warrantless search of an automobile incident to arrest, the Fourth Amendment requires that law enforcement demonstrate either:
      • That the arrestee is within reaching distance of the passenger compartment at the time of the search and may pose an actual and continuing threat to the officer's safety or a need to preserve evidence.
      • That it is reasonable to believe that evidence of the offense of arrest might be found in the vehicle.

    Impounded Vehicle

    • A legally impounded vehicle may be searched, including closed containers, as part of a routine inventory search.

    Exigent Circumstances

    • Warrantless entry into a home or business is presumed unlawful unless the government demonstrates both probable cause and exigent circumstances.
    • The "totality of the circumstances" test is used to determine the existence of exigent circumstances.
    • Police may secure the premises for a reasonable time to enable officers to obtain a warrant when the police have reason to believe that the failure to do so could result in the destruction of evidence.

    Hot Pursuit

    • If the police have probable cause to believe that an individual has committed a felony and they are pursuing him to arrest him, then they have the right to enter a private building during the pursuit.
    • The hot-pursuit exception is inapplicable if the suspect is suspected of a nonjailable traffic offense.

    Emergency Situations

    • A search without a warrant is authorized whenever there is a reasonable apprehension that the delay required in obtaining the warrant would result in the immediate danger of evidence destruction or the threatened safety of the officer or the public.

    Stop and Frisk

    • A "stop" is a limited and temporary intrusion on an individual's freedom of movement short of a full custodial arrest.
    • A stop is justified on the reasonable suspicion, based upon articulable facts, that the detainees are or were involved in illegal activity.
    • Reasonable suspicion can be based on a flyer, a police bulletin, or an informant's tip, but only if the tip is accompanied by sufficient indicia of reliability.

    Frisk

    • An officer who does not have probable cause to arrest may nonetheless make a limited search of a person he has lawfully stopped, such as a pat-down of the outer clothing, if he has reasonable suspicion that the person was or is involved in criminal activity and that the frisk is necessary for the preservation of his safety or the safety of others.

    Terry Stop and Frisk of a Car

    • Pursuant to a lawful stop of a vehicle, police may conduct a search of the passenger compartment for weapons, if they have a reasonable belief that the suspect is dangerous and may gain immediate control of weapons.
    • Police may order occupants out of a vehicle that they have lawfully stopped.

    Limits on Time, Place, and Investigative Method

    • A Terry stop must be temporary and last no longer than is necessary to effectuate the purpose of the stop.
    • The investigative methods employed should be the least intrusive means reasonably available to verify or dispel the officer's suspicion in a short time.

    Development of Probable Cause

    • If the officer conducting the stop develops probable cause, the officer may then make an arrest and conduct a full search incident to that arrest.

    Automobile Exception

    • The Fourth Amendment does not require police to obtain a warrant to search a vehicle if they have probable cause to believe that it contains contraband or evidence of a criminal activity.
    • The police may search anywhere in a car that they believe there to be contraband, including the trunk and locked containers, so long as they have probable cause to do so.

    Pretextual Stop

    • Police may use a pretextual stop to investigate whether a law has been violated, even if they have no reasonable suspicion, provided that they have probable cause to believe that the law for which the vehicle was stopped has been violated.

    Containers within a Car

    • Probable cause to search a vehicle extends only to containers and compartments that reasonably could hold the evidence they are searching for.
    • If the police have probable cause to search only a particular container, they may search only that container, and not the entire car.

    Plain-View Doctrine

    • Items in public view may be seized without a warrant because one cannot have a reasonable expectation of privacy in things that are exposed to the public.
    • In situations in which there is a reasonable expectation of privacy, a police officer may seize an item in plain view of the officer, even if the item was not named in the search warrant, as long as the officer is lawfully on the premises, the incriminating character of the item is immediately apparent, and the officer has lawful access to the item.
    • Consent can serve to eliminate the need for police to have probable cause as well as to first obtain a warrant in order to conduct a search.
    • For permission to constitute consent, the permission must be given voluntarily.
    • The authority of a third party to consent to a search can be an issue, depending on the circumstances.
    • When the person from whom consent is sought is not the defendant, in addition to the voluntariness of the permission, the authority of that person to consent can be an issue.
    • The defendant can generally suppress evidence seized during a search of property owned or occupied by the defendant, unless the third party has an agency relationship with the defendant that gives to the third party the right to consent on behalf of the defendant, or the defendant otherwise gives the third party such rights with respect to the property that the defendant assumes the risk that the third party would allow the property to be searched.

    Jointly Controlled Property

    • When the property to be searched is under the joint control of the defendant and a third party, the authority of the third party to consent turns on whether the defendant is present at the time of the search.
    • If the property to be searched is under the joint control of the defendant and a third party, and the defendant is not present at the time of the search, then the third party has authority to consent.
    • When the property to be searched is under the joint control of the defendant and a third party, and the defendant is present at the time of the search, then the police may not rely on third-party consent if the defendant objects to the search.### Burden of Proof
    • The prosecution must prove that permission was freely given, and the defendant is not required to show that the permission was coerced.

    Administrative Searches

    • Administrative search warrants are generally required for nonconsensual fire, health, or safety inspections of residential or private commercial property.
    • Probable cause requirement for administrative searches is less stringent than that for a criminal investigation.
    • Evidence of an existing statutory or regulatory violation or a reasonable plan supported by a valid public interest will justify the issuance of a warrant.

    Valid Administrative Searches

    • Searches of people entering an airplane boarding area, as long as the passenger can prevent the search by not boarding the plane.
    • Searches of businesses in highly regulated industries, such as liquor stores, gun shops, strip-mining operations, and automobile junkyards, because of urgent public interest and implied consent to warrantless searches.
    • Oral statements seized by wiretaps, when matters of national security are at issue.
    • Searches of students by public school officials, based on reasonable grounds, and reasonably related to the objectives of the search.
    • Special needs searches, such as drug testing for railroad employees involved in an accident or student athletes during the athletic season.
    • Inventory searches of items in official custody, such as impounded vehicles, to protect the owner's property, police from claims of theft, and officers from danger.
    • Routine international border searches of border crossers and their belongings within the United States.
    • Vehicle checkpoints and roadblocks set up to stop cars on the basis of a neutral articulable standard and designed to serve a limited purpose closely related to the problem of an automobile's inherent mobility.
    • Factory searches of the entire work force to determine citizenship of workers.
    • Searches of government employees' electronically recorded documents and conduct, file cabinets, and desks if justified by a reasonable suspicion of work-related misconduct or a non-investigatory, work-related need.
    • Detention of a traveler whom authorities have reasonable suspicion is smuggling contraband in his stomach.
    • Searches of parolees and their homes, even with no reasonable suspicion, when a parolee agrees to submit to searches by a parole officer or police officer at any time as a condition of his parole.
    • Seizure of contaminated or spoiled food.
    • Searches for the cause of a fire that occurs within a reasonable time after the fire is extinguished, but excluding searches for other evidence unrelated to the cause that would establish that the fire was attributable to arson.

    Wiretapping

    • To obtain a warrant authorizing a wiretap, officers must satisfy the following requirements:
      • The warrant must be limited to a short period of time.
      • The warrant must demonstrate probable cause that a specific crime has been or is about to be committed.
      • The warrant must name the person or persons to be wiretapped.
      • The warrant must describe with particularity the conversations that can be overheard.
      • The warrant must include provisions for the termination of the wiretap.
    • Upon termination of the wiretap, the conversations that have been intercepted must be shown to the court.
    • A person assumes the unreliability of those to whom she speaks and has no Fourth Amendment claim if she finds out later that the listener was wired or recording the conversation.
    • A speaker who makes no attempt to keep his conversation private has no Fourth Amendment claim.
    • A wiretap related to domestic security surveillance requires that a neutral and detached magistrate—not the president—make the determination that a wiretapping warrant should issue, and the wiretap must comply with the Omnibus Crime Control and Safe Streets Act.
    • There is no requirement for prior authorization when a covert entry is planned to install the electronic equipment, or when a pen register is used.

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    This quiz covers the rules and regulations surrounding search incident to lawful arrest, including the Chimel standard and warrantless searches.

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