Open View/Plain View
You stop a vehicle for a traffic violation. While looking in the back window, you see a meth pipe and paraphernalia. You seize the paraphernalia.
What is open view?
You ask an individual if you can search their person and they agree.
What is consent search?
This case law requires officers to advise an individual of their rights.
What is Miranda v. Arizona?
You pursue a subject into their house to effect an arrest. While inside the house, you observe a dead body with an obvious knife wound next to where you arrest the subject. You start investigating a homicide with this evidence.
Plain view (and a little hot pursuit in there)
While in a location you are allowed to be, you observe evidence of a crime.
What is open/plain view?
What are compelling circumstances?
You enter a house for a search warrant for a specific bedroom. You enter the wrong room by accident and observe evidence for your case. You seize the evidence.
What is: new search warrant, motion to suppress, you in da wrong, etc.?
You observe two individuals fighting in a house while on patrol, you enter the house without a search warrant to effect peacekeeping strategies.
What is exigency/hot pursuit?
This amendment prevents unreasonable search and seizure in the Oregon Constitution.
What is Article 1, Section 9?
After effecting an arrest, you search a person to make a receipt of valuables. (policy depending)
What is an inventory search?
These are the elements of Miranda
What are: You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to talk to a lawyer and have him/her present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. Do you understand each of these rights I have explained to you? Having these rights in mind, do you wish to talk to us now?
You effect an arrest on someone for theft, and search their person for stolen items.
What is search incident to arrest?