Terminology
Standards
Cases that apply
Reasons for.....
Impound and Inventory and Plain View!
100
A search of a vehcile conducted to protect the owner’s property; to protect the police against claims regarding lost, stolen, or vandalized property, or to protect the police from potential danger
What is an inventory search?
100
Vehicles travel on public roadways; Vehicles are not permanent residences; Vehicles must be registered; Drivers must be licensed; Vehicles must be inspected; Vehicles and how they are driven are heavily regulated.
Why do occupants of a vehicle have diminished expectations of privacy?
100
The Carroll Doctrine
What is the automobile exception to the warrant requirement that allows a warrantless search of a readily mobile car based on probable cause that it contains contraband.
100
Vehicles are inherently mobile
What is the primary rationale for the vehicle exception to the search warrant requirement?
100
When they impede traffic or threaten public safety and convenience When their drivers or owners are taken into custody or are incapacitated After seizing them as evidence of a crime After the vehicle has been forfeited pursuant to state law After a vehicle has been reported stolen
When is an officer allowed to impound a vehicle?
200
A vehicle occupant must have a “reasonable expectation of privacy in the areas of the vehicle that are searched.”
What is standing?
200
An officer must have probable cause to believe the motor vehicle contains illegal contraband AND The vehicle must be readily mobile such that it is capable of being moved outside the jurisdiction. No additional “exigent circumstances” are required.
When does the automobile exception apply?
200
Provided the standard used to evaluate a dog sniff alert.
What is Florida v. Harris, (2013)
200
The warrantless monitoring of a beeper or GPS device in a motor vehicle to trace the movement of the vehicle over public thoroughfares does not violate the reasonable expectation of privacy of the occupant of the vehicle.
When is it legal to track a vehicle with an electronic device??
200
Absent emergency circumstances, an inventory search of a vehicle must be conducted at the time of impoundment or shortly thereafter.
What is the time limitation of a proper inventory search?
300
A doctrine that permits law enforcement officers to observe, search and/ or seize evidence without a warrant or other justification.
What is the plain view doctrine?
300
A totality of circumstances approach is used to evaluate the alert, Florida v. Harris, (2013)
What is the standard used to evaluate a dog sniff alert?
300
Held that if the arrested occupant is unsecured and within reaching distance of the passenger compartment of the vehicle at the time of the police search of that vehicle the officer believes that evidence relevant to the crime of arrest may be found in the vehicle of the arrested occupant, the officer may search the vehicle without a warrant.
What is Arizona v. Gant?
300
After it enters a private home.
When is a warrant or emergency circumstance required to monitor the beeper or GPS in a motor vehcile?
300
When the officer has a search warrant that allows entry or the officers identifies contraband in plain view.
When is a seizure inside of a home legal?
400
These doctrines are analogies to the plain veiw doctrine.
What are "plain smell" and "plain hearing"?
400
Courts interpret this term broadly to give officers a reasonable time within which to make the probable cause determination in a plain view situation.
What is "immediately apparent?"
400
This case held: “If police are lawfully in a position from which they view an object, if its incriminating character is readily apparent, and if the officers have a lawful right of access to the object, they may seize it without a warrant.”
What is Minnesota v. Dickerson (1993)
400
Law enforcement officers may use these devices to assist in observing items of evidence, so long as they do not unreasonably intrude on someone’s reasonable expectation of privacy.
What are binoculars and flashlights?
400
This happens when police are executing a valid search warrant for particularly described property but happen upon contraband during the course of the legal search.
What is inadvertance?
500
If a law enforcement officer is lawfully in a position from which he or she feels an object, if the object’s incriminating character is immediately apparent, and if the officer has a lawful right of access to the object, the officer may seize it without a warrant under this doctrine analogous to plain view.
What is "plain touch" or "plain feel?"
500
This case held: “If police are lawfully in a position from which they view an object, if its incriminating character is readily apparent, and if the officers have a lawful right of access to the object, they may seize it without a warrant.”
What is Minnesota v. Dickerson (1993)
500
Police took a drug-sniffing dog to Jardines’ front porch, where the dog gave a positive alert for narcotics. The officers then obtained a warrant for a search, which revealed marijuana plants. The court held that A police officer without a warrant may approach a home in hopes of speaking to occupants, because that is “no more than any private citizen might do” but the scope of a license is limited not only to a particular area but also to a specific purpose, and there is no customary invitation to enter the curtilage simply to conduct a search.
What is the Florida v. Jardines case?
500
Inventory searches are based on standard departmental procedures.
What are inventory searches based upon?
500
This happens when law enforcement authorities monitor and control a container on its journey, often by directing how a package will be received by a recipient.
What is a "controlled delivery"?
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