4A protections
Under the 4th Amendment, a person is granted protection from unreasonable government searches.
When does a search occur
A search occurs when government conduct violates a person’s reasonable expectation of privacy
Warrantless searches
Absent an exception, a warrantless search performed by the government that violates an REP is unlawful. The evidence is usually excluded unless an exception applies
Exceptions to warrant requirement for searches
- exigent circumstances
- search incident to arrest
- consent
- automobiles
- plain view
- evidence from administrative searches
- stop and frisk
requirements for search warrants
search warrants must be
- issued by a neutral and detached magistrate
- be based on probable cause
- describe the place and property to be searched with particularity
What if a search warrant is invalid?
If a warrant fails to meet the three requirements, it is invalid and the recovered items will be excluded
exigent circumstances
Police officers may conduct a search without a warrant if
- officers are in hot pursuit or immediate danger; or
- the evidence would spoil or disappear in the time it would take to obtain a warrant
HOWEVER, a warrant is necessary for a search if the officers create the exigent circumstances
SIA
Law enforcement officers may conduct a searchwithout a warrant if it occurs when a lawful arrest is made.
Scope of SIA
The scope of a SIA is limited to objects within the reach of the arrestee
Consent exception
LEOs may conduct a search without a warrant if a person voluntarily consents to the search. Officers do NOT have to inform them that they can refuse consent
Third parties consenting to searches
A third party with apparent authority can consent to a search. However, officers cannot search over a present occupant’s objection
Automobile searches
LEOs may conduct a search without a warrant if they have probable cause to believe an automobile contains contraband or evidence of a crime. They can search anywhere that would reasonably contain the items for which there is probable cause
Plain view exception
LEOs may seize evidence without a warrant if
- they are legally on the premises
- the evidence is observed in plain view
- there is probable cause to believe they are evidence of a crime or contraband
PC for arrest
To arrest someone, LEOs must have PC that the individual has committed a crime. An officer has PC if
- they witnessed the crime; or
- a person tells them a crime has been committed
Arrest without warrants
An individual may be arrested with or without an arrest warrant. However, without a warrant, cops can only arrest inside a home if there is consent to enter or exigent circumstances
5th amendment
the 5th Amendment provides that no person shall be compelled to be a witness against himself in a criminal case.
Custodial interrogation
