Mptc motor vehicle law ultimate exam
Fourth Amendment - -Protects against unreasonable search and seizure
--Police intrusions - -Non-investigatory encounters
No legal justification required
--4 types of police intrusions - -Administrative stop
Investigative Stop
Investigative Frisk or Pat Down for Weapons
Arrest or Evidentiary Searches of Persons or Things
--Delaware v. Prouse - -Premises behind MV stopping protocol
--OUI roadblock - -For a motor vehicle to be stopped:
- must not be arbitrary;
- safety must be assured;
- motorists inconvenience must be minimized; and
- assurance must be given that the procedure is being conducted persuant to a plan devised by law
Enforcement supervisory personal
--Blue lights - -A stop begins when these lights are activated ...
--Exit Orders - -When justified to stop a vehicle, officers may ask occupants to exit the vehicle for
their safety;
Must be given first before any action in the threshold inquiry
--Frisk of the MV - -Police must have justification in order to perform
Does not automatically extend to the entire passenger areas
--Grabbing Area - -Console
Glove compartment
, Under the seat
The occupants themselves
--Consent to search a MV - -If given, neither a warrant or probable cause needs to exist;
Must be given to the police freely, intelligently, and voluntarily
--Search incident to an arrest - -Does not require probable cause
Search for evidence related to the crime or weapons
As long as probable cause for the arrest exists, this search is permissible
--Automobile Exception - -Probable cause to believe that contraband or evidence of a crime will be
found in the vehicle.
3 step analysis:
1) MV stopped on public way
2) parked on public way
3) found in a place where the public has access
--Exigency - -urgent matter; pressing need
Inherent mobility of a MV
Police can eliminate by waiting
--MV Inventory - -Administrative Function;
Interests:
1) protect vehicle
2) protect police & tow company
3) protection of the public from dangerous items
search accessible locations
Fourth Amendment - -Protects against unreasonable search and seizure
--Police intrusions - -Non-investigatory encounters
No legal justification required
--4 types of police intrusions - -Administrative stop
Investigative Stop
Investigative Frisk or Pat Down for Weapons
Arrest or Evidentiary Searches of Persons or Things
--Delaware v. Prouse - -Premises behind MV stopping protocol
--OUI roadblock - -For a motor vehicle to be stopped:
- must not be arbitrary;
- safety must be assured;
- motorists inconvenience must be minimized; and
- assurance must be given that the procedure is being conducted persuant to a plan devised by law
Enforcement supervisory personal
--Blue lights - -A stop begins when these lights are activated ...
--Exit Orders - -When justified to stop a vehicle, officers may ask occupants to exit the vehicle for
their safety;
Must be given first before any action in the threshold inquiry
--Frisk of the MV - -Police must have justification in order to perform
Does not automatically extend to the entire passenger areas
--Grabbing Area - -Console
Glove compartment
, Under the seat
The occupants themselves
--Consent to search a MV - -If given, neither a warrant or probable cause needs to exist;
Must be given to the police freely, intelligently, and voluntarily
--Search incident to an arrest - -Does not require probable cause
Search for evidence related to the crime or weapons
As long as probable cause for the arrest exists, this search is permissible
--Automobile Exception - -Probable cause to believe that contraband or evidence of a crime will be
found in the vehicle.
3 step analysis:
1) MV stopped on public way
2) parked on public way
3) found in a place where the public has access
--Exigency - -urgent matter; pressing need
Inherent mobility of a MV
Police can eliminate by waiting
--MV Inventory - -Administrative Function;
Interests:
1) protect vehicle
2) protect police & tow company
3) protection of the public from dangerous items
search accessible locations
