Plain View Searches
What can peace officers do if they see something related to a crime in plain view?
They can seize it without a warrant.
What does the Fourth Amendment protect?
It protects people from unreasonable searches and seizures
What does a search incident to a custodial arrest involve?
A full search of the arrestee's person and nearby area.
Why do peace officers face a lot of public scrutiny?
Because they have significant powers and responsibilities.
Are warrantless searches usually legal?
No, they are usually illegal
Can peace officers search any area that is or was reasonably within the arrestee's control?
Yes
What does "no Fourth Amendment protection" mean for items in plain view?
The owner has no privacy rights for those items, so officers can see and seize them without a warrant
What must a warrant include?
It must have probable cause and describe the place and items to be searched.
When a person is arrested are they taken into custody and transported to a different location or facility?
Yes
What three things must be true for officers to legally take an item in plain view?
They need probable cause, a lawful right to be there, and lawful access to the item
Can warrantless searches ever be legal?
Yes, if they meet certain exceptions
Peace officers can conduct a lawful search of a suspect's person or property if they are...
lawfully arrested and taken into custody
How do peace officers balance protecting the community and individual rights?
By following legal standards and respecting constitutional protections
What are some exceptions to needing a warrant?
Exceptions include plain view, pat downs, consent searches, emergencies, arrests, and probation searches
What are protective sweeps?
A brief search to look for individuals only.