Warrants
probable cause, particularity, and a neutral magistrate are requirements for what?
A warrant
Urgent situation leads to a warrant exception
Exigency
Requirements for consent searches
Must be voluntary
can not be a product of coercion
Police may conduct a full search of the person and area with in immediate control with out additional justification when
incident to arrest
When non-routine these searches require a higher level of justification
one case stated the standard was RS
non-routine border searches
The magistrate must determine
That its probable that contraband, evidence of a crime or a fugitive will be on described premises when the (Blank) is executed
for what?
An Anticipatory warrant
Knock and Announce requirements
1) knock and announce
2) wait reasonable amount of time
Third parties may consent in these circumstance (2)
areas of common authority or
with apparent authority
There is no search incident to what
citation
What type of searches require specific suspicion of contraband on the person?
Strip searches
A magistrate must be (blank) and (blank) for the neutrality requirement of warrants
What are the Blanks?
Neutral and Detached
US. v. Banks
Knock and announce violations don't trigger suppression
A landlord cant consent for a tenant
These are examples of what
Limits on third party consent
Riley v. California
a warrant is needed to search a phone even if it was on the person at the time of the arrest
Cases in the class stated that these papers could be searched
What types of papers are they (2)
Medical records and Bank records
A warrant must describe the place to be searched and the persons or things to be seized
Which requirement is this?
Particularity
totality of the circumstances + gravity of the offense is the analysis for what
Exigency
Bumper v. North Carolina
a false claim of warrant authority negates consent
Maryland v. Buie
a limited sweep of the home may be performed incident to arrest
1) its a non-investigatory work-related search OR
2) an investigation of work-related misconduct
When the employer is government this test can provide an exemption to what?
Warrants
Marron v. US
Lange v. California
supplies the necessity of the gravity of the offense
If the arrestee is unsecured and within reaching distance at the time of search or it is reasonable to believe evidence of related to the crime is inside officers may search what incident to arrest
Vehicles
What is the full name of this test?
1) reasonableness at inception
2) reasonably related in scope
T.L.O two prong test