What is the major requirement of a search incident arrest?
100
A search of a vehicle 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
The primary requirement in consent searches.
What is voluntariness?
100
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?
100
Reasonable and articulable suspicion.
What is the standard used to justify a temporary detention under Terry v. Ohio?
200
This case held that it is reasonable for the arresting officer to search the person arrested and the area within his or her immediate control—the area from within which the person might gain possession of a weapon or destructible evidence.
What was the holding of Chimel v. California?
200
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 vehicles have diminished expectations of provacy
200
Held that informing individuals of the right to refuse is only one element in the determination of consent.
What is the Schneckloth v. Bustamonte case?
200
These doctrines are analogies to the plain view doctrine.
What are "plain smell", "plain touch" and "plain feel"?
200
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?
300
that the search must be undertaken immediately before the arrest, at the same time as the arrest or immediately after the arrest.
What is the contemporaneous requirement?
300
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?
300
The extent to which police may search after a knowing and voluntary consent to search.
What is the "scope" of consent.
300
1. Legally in the place to be searched and evidence is "readily apparent" as contraband.
What are the two requirements that justify a plain view search?
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?
400
Vehicle searches incident to an arrest are not authorized after the arrestee has been secured and cannot access the interior of the vehicle.
What was the holding of Arizona v. Gant regarding Searches Incident to Arrest?
400
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.
400
Describes the type of consent which exists when someone with common authority, or apparent authority, consents to a search.
What is 3d party consent?
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
Inventory searches are based on standard departmental procedures.
What are inventory searches based upon?
500
The fact of an arrest authorizes a search incident to an arrest regardless of the offense for which a suspect is arrested.
What is the bright-line right regarding misdemeanor arrests and searches incident to arrest?
500
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?
500
Considers all of the facts and circumstances in determining if consent is voluntary and not coerced?
What is the totality of the circumstances test?
500
The area immediately surrounding the home.
What is curtilage?
500
An arrest made solely on the basis of an officer's subjective knowledge and information about the arrestee?