Warrant Exceptions

Question 1

The following is a list of exceptional
circumstances (exigencies), under which a reasonable search and seizure, conducted without warrant, may be
legally permitted. 12 points

Answer 1

1. Consent
2. Plain view
3. Automobile Exception
4. Incident to Arrest
5. Exigency
6. Inventory
7. Terry Stop
8. Pat Down
9. Open Fields
10. Protective Sweeps
11. Prevent destruction of evidence
12. Public Safety

Question 2

Explain Consent

Answer 2

An officer may conduct a search without a warrant when permission to search has first been
obtained from an individual in control of the place(s) or item(s) to be searched.
- burden on government to prove, preponderance of the evidence
- a waiver of a persons, fourth amendment rights
-Consent must be
voluntary and obtained without coercion.
- specific and unequivocal
- implied or expressed consent 

-Consent may only be given by a person with the legal
standing to do so.

-Consent to search may also be given by any party who reasonably appears to share control of the place(s) or item(s) to be searched.

-If, during the course of the consent search, permission to search is retracted, the search shall be discontinued.

• ## consent can be revoked by a physically present how occupant

Question 3

Pat Down - 4 points

Answer 3

An officer may conduct a pat down search of:

1. a suspect’s outer clothing
2. during a field contact or
   a call for service,
3. whenever the officer has reasonable suspicion that a crime is being, has been or is about to be committed
4. and the officer has a reasonable belief that the suspect is armed.

Question 4

Automobile Exception - 6 points

Answer 4

1. A vehicle that is readily mobile
2. Can be searched without a warrant and probable cause exists that the vehicle may contain evidence of a crime, controlled substances, or contraband.
3. A vehicle search based on probable cause or exigent circumstances may encompass any part of the
   vehicle and any container in which contraband might be located.
4. If probable cause to search a lawfully stopped vehicle exists, the vehicle may be moved to a location more conducive to those officers affecting the search.
5. Officer must have lawful access to automobile. No lawful presence of vehicles on private property, such as in a garage, or on the cartilage.

6 Occupants- does not give you right to search occupants

Question 5

Public Safety - 2 points

Answer 5

1. An officer may enter premises without a search warrant when there is reasonable belief that an imminent threat of danger to the public, and/or human life exists.
2. The entry and any
   subsequent search must initially be for protecting potential victims and/or to eliminate or reduce the
   perceived threat

Question 6

Prevent Destruction of Evidence

Answer 6

An officer may enter a person’s home without a warrant to prevent the destruction of evidence only if they have:

(1) probable cause to secure a search warrant and

(2) an objectively reasonable belief that there are persons inside who will destroy evidence if action is not
taken right now.

(3) After the threat of evidence destruction has passed, the officer may only proceed further if there is legal standing to do so.

Question 7

Inventory

Answer 7

Inventory of vehicles shall be conducted without a search warrant in accordance with
FLD1130. Inventory of other property shall be conducted without a search warrant in accordance with
FLD910.

Question 8

Incident to Arrest - 4 points

Answer 8

1. An officer may conduct a limited search of a criminal suspect and/or suspect’s immediate surroundings
2. for weapons, contraband, and evidence of a crime, pursuant to the legal arrest of the criminal suspect.
3. The search shall be limited in scope to that area within the immediate control of the suspect for officer safety purposes,
4. and to prevent destruction of evidence by the arrested subject.

Question 9

Officers searching under this type of warrantless search will adhere to the following criteria for guidance: 5 points

Answer 9

 A search of the criminal suspect does not extend to items not concealed under or within the
criminal suspect’s clothing or to information stored in cellular telephones.
 Police may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within
reaching distance of the passenger compartment at the time of the search, or it is reasonable to
believe the vehicle contains evidence of the offense of arrest.
 When these justifications are absent, a search of an arrestee’s vehicle will be unreasonable
unless police obtain a warrant or show that another exception to the warrant requirement
applies.
 Police may search an arrestee’s belongings only if the arrestee is within reaching distance of the
item at the time of the search, and it is reasonable to believe the item contains evidence of a
crime, contains a weapon or means of escape.
 Belongings that are not worn clothing or containers concealed within or under the clothing,
such as a purse or backpack, are best considered to be within the area of an arrestee’s
immediate control and the search of which must be justified in each case.

Question 10

Plain View

Answer 10

An officer need not have a search warrant to seize contraband or evidence of a crime that
is in plain view providing the officer has legal presence to be where they were when the item was seen.
 Search of Suspect’s Garbage/Abandoned Property: Any person who abandons property (including
garbage) does not retain any expectation of privacy. Furthermore, if the garbage lies outside the
curtilage of the suspect’s home, there is no expectation of privacy. Officers are allowed to search a
suspect’s garbage without a warrant if the garbage can be either (1) shown to be abandoned, or (2)
shown to lie outside the curtilage of the suspect’s home or business.

Question 11

Open Fields

Answer 11

Fourth Amendment protections do not extend to “open fields” surrounding the curtilage
of the home. Open fields may include any unoccupied or undeveloped area outside of the curtilage.
Open fields need be neither open nor a field as those terms are used in common speech. Officers need
not obtain a search warrant to search an open area outside the curtilage of a suspect’s home, as there
is no expectation of privacy

Question 12

Forcible Entry to Execute an Arrest Warrant:

Answer 12

An officer may forcibly enter a criminal suspect’s residence without a search warrant for the purpose of serving an arrest warrant on the criminal suspect,
pursuant to W.S.S. 7-8-104,

1. only if access to the officer has been denied
2. and the officer has a
   reasonable belief that the suspect resides at the place to be entered,
3. and a reasonable belief that the
   suspect is present.
4. Any search conducted must be for the suspect named in the arrest warrant.
5. When officers believe a criminal suspect for whom an arrest warrant exists, is in a third party’s home,
6. the officer may attempt to obtain consent to search the home from an individual in control of the place to
   be searched, for the suspect named in the arrest warrant.
7. The officer may also attempt to obtain a search warrant, while the residence is kept under surveillance.
8. Should consent not be available, and if
   there is not time to obtain a search warrant, an officer may forcibly enter the third party’s home to affect the arrest, only if a qualified exigency exists.

Question 13

Protective Sweeps:

Answer 13

A protective sweep of a premises to ensure the safety of those on the scene may be
conducted by an officer if the officer has a reasonable belief that the area to be swept harbors any
danger.

Question 14

Crime Scenes:

Answer 14

There is no crime scene or unexplained death exception to the search warrant
requirement for crime scenes located on privately owned property.

Question 15

What is contraband?

Answer 15

Goods that have been imported or exported illegally