Warrantless Search And Seizures

Front 1

Warrantless Searches and Seizures

Back 1

Plain view Seizures
Warrantless Searches in General,
Cursory/Frisk/Pat Search
Consent Searches
Exigent Circumstance Search
Searches incident to Arrest
Probation/ Parole Searches

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Plain View Seizures

Back 2

Peace officers must meet certain requirements before an item in plain view may be seized legally and used as evidence.Peace officers must have: probable cause, a lawful right to be in the location, lawful access to the item

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Abandoned Property

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If an item has been abandoned by the owner, the owner has relinquished any expectation of privacy over the item. The Fourth Amendment does not protect articles or an area that has been abandoned by its owner. Trash placed in a position for pick-up outside the curtilage of the residence is considered abandoned

Front 4

Case Law Exceptions

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In addition to plain view seizures, these exceptions to the usual warrant requirement include:
cursory/frisk/pat down, consent searches, searches pursuant to exigent circumstances, searches incident to custodial arrest, probation/parole searches

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Cursory/Frisk/Pat Searches: Necessary Conditions

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For a cursory/frisk/pat search to be lawful:
the person must be lawfully detained for an investigative purpose, the searching officers must be able to articulate specific facts which caused them to reasonably believe the person is dangerous or may be carrying a weapon. The search is limited to outer clothing for weapons or potential weapons ONLY.

Front 6

Consent Searches

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For consent to be valid, the consent must be:
voluntary, and obtained from a person with apparent authority or to give that consent. A person has the right to refuse to consent to a search, and withdrawal of consent. A person may limit the area in which an officer can conduct a search.

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Exigent Circumstance Searches

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Exigent circumstances means an emergency situation requiring swift action to prevent: imminent danger to a person’s life or safety, serious damage to property, imminent escape of a suspect, imminent destruction or removal of evidence.

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Search Incident to Arrest

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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. A search incident to a custodial arrest may include: A full search of the arrestee’s person containers on the arrestee’s person the nearby physical area that was under the immediate control of the arrestee (sometimes referred to as ―within arm’s reach‖)

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Arm's Reach Rule/ Bright Line Search

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Peace officers may search any area that is or was reasonably within the arrestee’s control. This could include any area from which the arrestee may:
grab a weapon obtain any item that could be used as a weapon destroy evidence

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Probation Searches

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"Search Clause" or Bravo Waiver allows a peace officer to search a probationer,his/her property, vehicle, and residence without probable cause in order to determine whether the person is or isn't in compliance with probation terms.

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Parole Searches

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"Constructive custody" A parolee's person, residence, vehicle, and property may be searched at anytime, by a parole officer or peace officer, without a search warrant, and without probable cause in order to enforce conditions of parole. No "trigger" is required.