4th Amendment
The three elements that compose a 4th Amendment search
Government + Intrusion + Reasonable Expectation of Privacy = 4th Amendment search
Explain the Carroll Doctrine
Allows for a warrantless search of a vehicle when PC is present to search the vehicle
Which case allows you to search the PERSON, incident to arrest?
**Double points if you can name both of the rationales for a search incident to arrest**
US v Robinson
1 - the need to disarm the suspect to take them into custody, 2-the need to preserve evidence
p86
Civil proceeding in which the law enforcement agency asks the court to transfer ownership of property from the defendant to the agency.
Forfeiture
High crime area is associated with which case?
Wardlow
When an officer affects a person's right to have or control their property
Officers may make a warrantless entry to ensure their safety or that of the public. This exception is ____ under Exigent Circumstances.
**Double points if you name the case associated with details**
Emergency Scene
Seibert v State
Officers entered the residence due to concerns Seibert was suicidal and observed a severed foot
What is the purpose of an inventory?
To protect the arrested person's property and to protect you and the agency from accusations of theft/loss/damage.
Hornblower
Which case is associated with Qualified Immunity?
Harlow v Fitzgerald
Double points if you can tell me Nixon was the President during this case
Define Search
When an officer intrudes into a place where a person has a reasonable expectation of privacy
Name the case that is associated with the search warrant exception for destruction of evidence.
Hornblower v State
Name the 4 search warrant exceptions that do NOT require probable cause.
1 - consent, 2-inventory, 3-administrative searches, 4-incident to arrest
In this case, the officer observed ecstasy pills in plain view. This did not rise to probable cause because the officer could not immediately identify the pills as ecstasy.
Sawyer v State
Name 1 thing - unrelated to the academy about each person at the table beside you - WITHOUT communicating with them now.
How well do you guys know each other?
Name the 3 of 4things the 4th Amendment specifies shall be secure from unreasonable searches and seizures.
*Double points if you name all 4*
1-persons, 2-houses, 3-papers, 4-effects
p80
Name the 3 conditions that are generally required for officers to enter a private place/residence while in fresh pursuit.
1- PC the suspect committed a serious crime, 2-immediate/continuous pursuit of the suspect, 3-PC the suspect entered the premises that is being entered
While conducting a traffic stop, can an officer ask (consent) to search a vehicle?
DEPENDS - does the person have all of their paperwork back and is free to leave? If so, yes.
Name two exceptions to the search warrant requirement.
Open fields and abandoned property
You stop a person with a rifle slung on his back, fishing pole in his hand and bowie knife on his belt walking along Silver Star Rd. Is there a violation? IF so, what? IF not, why?
Name the 3 of the 4 legal requirements for a search warrant to be valid.
*double points if your team names all 4*
1 - signed by a judge/magistrate, 2-Based on an affidavit that establishes PC, 3-The basis of info in the affidavit comes from a reliable source, 4-person serving the warrant must have jurisdiction over the place being searched p81
Plain View is an exception to the search warrant requirement when these three elements are met.
1-officer is lawfully present in the place where they see the item, 2-the item is in plain sight, 3-officer has PC to believe the item is contraband/evidence
p82
Under limited circumstances, consent to search is implied. Name 1 of the 3 examples listed in your book.
1-airline passengers, patrons attending sporting events, and courthouses/other govt buildings
p85
When conducting a search, case law and statute allow officers to search for these items. Name 5 of the 7 listed.
**Double points if you name all 7**
1-contraband, 2-dangerous weapons, 3-evidence, 4-suspects, 5-items used by the suspect to commit the crime, 6-objects obtained by the suspect as a result of the crime, 7-items defined by statute (FSS 933)
**no....you don't need to know the statute number to get the points!**
Which cases established probable cause is estbalished by the totality of circumstances and PC is fluid?
Draper and Gates