Plain View Seizures
What allows an officer to seize evidence of a crime without a warrant when the evidence is clearly visible?
Plain View
Are warrantless searches of private property legal?
no
purpose of Cursory/ Frisk/ Pat Search
Strictly searching for weapons of someone who was detained
what can be searched in a Probation/Parole Search?
You, your home, and your possessions
what are exigent circumstances?
when a Peace officer can lawfully enter an area that is an individual’s private property such as a house, business, etc. When there is a compelling need for official action and no time to secure a warrant.
requirements
Probable cause
Lawful right to be in the location where they initially observed the item
Lawful access to the item
absolute right to privacy
A search incident to arrest may be conducted when
Probable cause for a lawful arrest exists
The suspect is taken into custody
The search is contemporaneous with the arrest
Can consent to a consent search be withdrawn?
yes
does an exigent circumstance search require a warrant?
no
officers can use ____
Flashlights/Night Vision devices
Binoculars
Dogs
Surveillance
Courts consider...
the totality of the circumstances
Cursory/ Frisk/ Pat Search Conditions
Lawfully detained
Reasonable suspicion that someone has a weapon.
Consent search conditions
Voluntary
From a person with the authority to give consent
Is the following an exigent circumstance?
A student’s locker smells heavily of marijuana.
yes
where does the expectation of privacy not apply?
Abandoned property
Officers need ___ to justify why search or seizure fell into an exception for a warrant
Facts
Absolute certainty is...
not required
probation searches are deemed ...
Consent searches
conditions
Imminent danger to someone’s life or safety
Serious damage to someone’s property
Imminent escape of a suspect
Imminent destruction or removal of evidence
Officers cannot enter private property without a warrant unless
Entry is based on consent or exigent circumstances
exceptions for warrants were made by...
Case law
Items other than weapons or contraband...
cannot be retrieved
Consent search limitation
where the officer believes they were given consent to search.
In the event that you get a domestic violence call and when you arrive on the scene you hear yelling and want sounds to be a scuffle coming from the building, would you barging in be ok on account of exigent circumstances?
Yes