Chapter 6: Exceptions to Warrant Requirements
Chapter 6: Exceptions to Warrant Requirements CJ 433
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This 4 page Class Notes was uploaded by Chelsey Smith on Friday September 23, 2016. The Class Notes belongs to CJ 433 at University of Southern Mississippi taught by Robert Whitacre in Fall 2016. Since its upload, it has received 5 views. For similar materials see Evidence Search & Seizure in Criminal Justice at University of Southern Mississippi.
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Date Created: 09/23/16
CJ 443- Evidence, Search, and Seizure September 21, 2016 Chapter 6- Preserving Evidence: Exceptions to the Warrant Requirement Warrantless Actions Based on Probable Cause 1. Search Incident to Arrest a. Chimel v CA- court developed arm span rule- the search must be limited to immediate control of arrestee so as to discover concealed weapons or dispose of evidence (cannot search entire house or car without search warrant) i. Arrest must be lawful ii. Arrest must result with person taken into custody b. Probable cause must precede the search and must take place soon after i. Gant v AZ- driving with a suspended license- the cop searches whole car and found cocaine in car- the evidence found was suppressed because the arrestee or evidence posed no threat 2. Exigent Circumstances- when it’s impractical to secure search warrant a. 3 Circumstances i. Hot Pursuit ii. Likelihood of escape and danger to others 1. MN v Olson- getaway driver to murder case was surrounded in his apartment complex the next day without warrant- the murder weapon and murderer had already been discovered- court held that exigent circumstance did not exist iii. Evanescent Evidence- disappears quickly such as drugs/ alcohol in the blood 1. Not enough time to collect evidence with warrant 2. There is a clear indication that the search will find evidence 3. The search is conducted in a reasonable manner 3. Automobile Searches a. Must be an automobile b. Must be premised on probable cause c. Must be impractical to obtain warrant 4. Plain View Doctrine a. Must have lawful access to objects b. Object must be immediately apparent as criminal i. Example: cops investigating apt with bullet shot through ceiling and notice brand new stereo equipment that does not match the rest of the surroundings- the stolen equipment is not immediately apparent even though it didn’t match home Warrantless Actions Based on Reasonable Suspicion 1. Investigative Encounter a. Terry v Ohio i. Distinguish between a frisk and a stop 1. Stop always precedes frisk, but doesn’t equate to the right to frisk. Officer must have individual justifications for each stop and frisk 2. To conduct a frisk, the officer must believe the person is armed and dangerous 2. Station House Detention- Fingerprinting a. Davis v MS 1955- rape investigation in Meridian where officers brought in 26 African American males and fingerprinted all without arrest or warrant. One male was detained longer and transported to Jackson and back to Meridian where he was fingerprinted again once jailed- object unlawfully detained i. Requirements for Station House Detentions to allow Fingerprinting 1. Officer has reasonable suspicion to believe person committed a crime 2. Reasonable belief that fingerprint will inculpate or exculpate 3. When procedure is carried out promptly 7 Types of Warrantless Actions Based on Administrative Justification 1. Inventory Search- auto and personal a. Personal- when a person’s clothes are taken when booked into jail, all of their belongings are accounted for b. Auto- when a care is impounded an inventory is taken of the contents to protect the police and public from accusation of stealing i. 3 Auto Inventory Elements 1. Must be lawful impoundment 2. Must be of a routine nature- standards of operating procedures 3. Cannot be a pre-textual whereas the officers make up an excuse to search the vehicle 2. Home Inspections- such as a fire marshal checking fire extinguishers and smoke detectors 3. Checkpoints- a. In a vehicle, drunk driving checkpoints must include all drivers to be stopped for it to be legal 4. School Disciplinary Searches- teacher with reasonable suspicion that a search would yield evidence 5. Searches of Government Employers- does not imply private employers 6. Drug and Alcohol Testing- a. Ferguson v Charleston (90s) the hospital staff working in collusion with law enforcement made a criteria of pregnant women who needed to pee in a cup and would be charged with child neglect- was a state operated hospital- not legal because the results were shared without the consent of the patients- now they always test pregnant mothers but without targeting specific groups b. Athletes in public schools c. Employees 7. Probation Supervision Searches Consent 1. voluntary- totality of circumstances 2. third party- land lord cannot give consent 3. roommate- can give consent to common areas but not private rooms
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