CRJ 123 FINAL STUDY GUIDE
Search of motor vehicle incident to arrest - Answers :Police may search the passenger
compartment of a vehicle incident to a recent occupant's arrest only if it reasonable to
believe that
•the arrestee might access the vehicle at the time of the search and
•the vehicle contains evidence of the offense of arrest.
Scope of the Motor Vehicle Search Doctrine - Answers :•a warrantless search of a
vehicle could include a warrantless search of containers found in the vehicle, even
those of passengers, if
-The officers have probable cause to search either the vehicle or the container.
• since officers may search a vehicle at any time as long as they have probable cause
they may search your car without a warrant long after the car is seized.
Vehicle impounds - Answers :• Automobiles are subject to pervasive regulation, and the
police often come in contact with automobiles for noncriminal purposes (administrative
or "special needs" search) such as safety and licensing.
•given the lesser expectation of privacy for automobiles, police may remove vehicles as
part of their non-law-enforcement duty of "community care-taking" (removing a road
hazard).
Containers found inside vehicles - Answers :Includes luggage, purses, backpacks,
boxes, glove box and storage areas within the passenger compartment.
•during an inventory, the police may open containers for the purpose of inventorying its
contents.
•however, police may not have unfettered discretion during an inventory.
•the agency must have reasonable regulations or policy establishing the procedure for
administering the inventory (usually, officers cannot force a locked container open).
Motor Vehicle Search Doctrine - Answers :Permits warrantless searches of motor
vehicles (cars, boats, airplanes, trains, buses, and any other conveyance) based on
probable cause.
•since conveyances are capable of movement, it would be impracticable for the police to
wait until they obtain a search warrant.
Rationale of "Motor Vehicle Search Doctrine" - Answers :•motor vehicles are readily
movable (hence it could move before the police obtain a search warrant) and evidence
could be lost while waiting for a search warrant, and
,•the expectation of privacy regarding motor vehicles is significantly diminished since
much of a car is exposed to the public.
With probable cause, law enforcement may conduct warrantless search of the entire
____ and any ____. - Answers :Entire vehicle and any containers.
Comparison of searches of homes vs searches of motor vehicles - Answers :•searches
of homes require a search warrant supported by probable cause unless excused by
exigent circumstances
•searches of motor vehicles require only probable cause ("Motor Vehicle Search
Doctrine")
First part of Plain View Doctrine - Answers :•there is no "search" within the meaning of
the 4th amendment when the police observe the object from a lawful position
•there is a "seizure" within the meaning of the 4th Amendment when the police obtain
control of the object.
•the police must have probable cause based on the plain view observation before the
object may be seized.
--since the object is in plain sight, there is no reasonable expectation of privacy
Second part of Plain View Doctrine - Answers :•there is a "seizure" within the meaning
of the 4th amendment when the police obtain control of the object
--therefore, police must have the probable cause based on the plain view observation
before the object may be seized
Probable cause requirement (places and things) - Answers :•incriminating nature of an
object in plain view must be immediately apparent
•manipulating the object to determine if it is incriminating amounts to an unreasonable
search
•that is, probable cause must be readily obvious without the need for the officer to move
the object
Assault Weapons - Answers :•specified semiautomatic firearms, including rifles, pistols
and shotguns, designated by statute by their known trade names or by detailed
description.
Protective Sweep Doctrine (exigent circumstances) Maryland v. Buie - Answers :•during
an arrest the risk of danger to officers are greater in a home than in the public
, •an assailant may be hiding in the home and awaiting the chance to effectuate an
escape
•while the suspect is being arrested, officers may look in areas of the home where an
attacker could be hiding
Scope of Protective Sweeps (Area) - Answers :•the sweep is limited to the area
immediately adjoining the place of arrest.
•beyond this limited area, the officer must be able to articulate facts that would warrant a
reasonably prudent officer to believe that the area being swept harbors an individual
posing a danger to those on the arrest scene.
Scope of Protective Sweeps (Spaces) - Answers :•the sweep is limited to the spaces
where an attacker could fit
Scope of Protective Sweeps (Time) - Answers :•the sweep should last no longer than is
necessary to dispel the suspicion of danger.
--it can never last longer than it takes to complete the arrest and depart from the
premises
Police created exigencies (places and things) - Answers :•if the government created the
exigent circumstances, those circumstances cannot justify the warrantless entry.
Stop and frisk (searches of people) - Answers :•the 4th amendment requires probable
cause in order to justify a search and seizure
• searches and seizures without a warrant and or probable cause are presumed
unconstitutional.
•"stop and frisk" is a limited type of search and seizure since the police has only
reasonable suspicion (some suspicion) and not probable cause (a strong suspicion)
Limitations of a stop and frisk - Answers :•seizures of people are limited to an
investigative detention
--must be justified by reasonable suspicion the detainee; had committed a crime, was
committing a crime, or was about to commit a crime.
--The stop is limited to a brief on-the-spot seizure.
Searches of people are limited to a? - Answers :•search for weapons.
• must be justified by reasonable suspicion that the detainee is: armed and dangerous.
• The frisk is limited to a pat-down of the outer clothing.
Search of motor vehicle incident to arrest - Answers :Police may search the passenger
compartment of a vehicle incident to a recent occupant's arrest only if it reasonable to
believe that
•the arrestee might access the vehicle at the time of the search and
•the vehicle contains evidence of the offense of arrest.
Scope of the Motor Vehicle Search Doctrine - Answers :•a warrantless search of a
vehicle could include a warrantless search of containers found in the vehicle, even
those of passengers, if
-The officers have probable cause to search either the vehicle or the container.
• since officers may search a vehicle at any time as long as they have probable cause
they may search your car without a warrant long after the car is seized.
Vehicle impounds - Answers :• Automobiles are subject to pervasive regulation, and the
police often come in contact with automobiles for noncriminal purposes (administrative
or "special needs" search) such as safety and licensing.
•given the lesser expectation of privacy for automobiles, police may remove vehicles as
part of their non-law-enforcement duty of "community care-taking" (removing a road
hazard).
Containers found inside vehicles - Answers :Includes luggage, purses, backpacks,
boxes, glove box and storage areas within the passenger compartment.
•during an inventory, the police may open containers for the purpose of inventorying its
contents.
•however, police may not have unfettered discretion during an inventory.
•the agency must have reasonable regulations or policy establishing the procedure for
administering the inventory (usually, officers cannot force a locked container open).
Motor Vehicle Search Doctrine - Answers :Permits warrantless searches of motor
vehicles (cars, boats, airplanes, trains, buses, and any other conveyance) based on
probable cause.
•since conveyances are capable of movement, it would be impracticable for the police to
wait until they obtain a search warrant.
Rationale of "Motor Vehicle Search Doctrine" - Answers :•motor vehicles are readily
movable (hence it could move before the police obtain a search warrant) and evidence
could be lost while waiting for a search warrant, and
,•the expectation of privacy regarding motor vehicles is significantly diminished since
much of a car is exposed to the public.
With probable cause, law enforcement may conduct warrantless search of the entire
____ and any ____. - Answers :Entire vehicle and any containers.
Comparison of searches of homes vs searches of motor vehicles - Answers :•searches
of homes require a search warrant supported by probable cause unless excused by
exigent circumstances
•searches of motor vehicles require only probable cause ("Motor Vehicle Search
Doctrine")
First part of Plain View Doctrine - Answers :•there is no "search" within the meaning of
the 4th amendment when the police observe the object from a lawful position
•there is a "seizure" within the meaning of the 4th Amendment when the police obtain
control of the object.
•the police must have probable cause based on the plain view observation before the
object may be seized.
--since the object is in plain sight, there is no reasonable expectation of privacy
Second part of Plain View Doctrine - Answers :•there is a "seizure" within the meaning
of the 4th amendment when the police obtain control of the object
--therefore, police must have the probable cause based on the plain view observation
before the object may be seized
Probable cause requirement (places and things) - Answers :•incriminating nature of an
object in plain view must be immediately apparent
•manipulating the object to determine if it is incriminating amounts to an unreasonable
search
•that is, probable cause must be readily obvious without the need for the officer to move
the object
Assault Weapons - Answers :•specified semiautomatic firearms, including rifles, pistols
and shotguns, designated by statute by their known trade names or by detailed
description.
Protective Sweep Doctrine (exigent circumstances) Maryland v. Buie - Answers :•during
an arrest the risk of danger to officers are greater in a home than in the public
, •an assailant may be hiding in the home and awaiting the chance to effectuate an
escape
•while the suspect is being arrested, officers may look in areas of the home where an
attacker could be hiding
Scope of Protective Sweeps (Area) - Answers :•the sweep is limited to the area
immediately adjoining the place of arrest.
•beyond this limited area, the officer must be able to articulate facts that would warrant a
reasonably prudent officer to believe that the area being swept harbors an individual
posing a danger to those on the arrest scene.
Scope of Protective Sweeps (Spaces) - Answers :•the sweep is limited to the spaces
where an attacker could fit
Scope of Protective Sweeps (Time) - Answers :•the sweep should last no longer than is
necessary to dispel the suspicion of danger.
--it can never last longer than it takes to complete the arrest and depart from the
premises
Police created exigencies (places and things) - Answers :•if the government created the
exigent circumstances, those circumstances cannot justify the warrantless entry.
Stop and frisk (searches of people) - Answers :•the 4th amendment requires probable
cause in order to justify a search and seizure
• searches and seizures without a warrant and or probable cause are presumed
unconstitutional.
•"stop and frisk" is a limited type of search and seizure since the police has only
reasonable suspicion (some suspicion) and not probable cause (a strong suspicion)
Limitations of a stop and frisk - Answers :•seizures of people are limited to an
investigative detention
--must be justified by reasonable suspicion the detainee; had committed a crime, was
committing a crime, or was about to commit a crime.
--The stop is limited to a brief on-the-spot seizure.
Searches of people are limited to a? - Answers :•search for weapons.
• must be justified by reasonable suspicion that the detainee is: armed and dangerous.
• The frisk is limited to a pat-down of the outer clothing.
