Important Rules

what is need for a warrant clause
- PC and warrant to search a home
- - does not apply to automobiles if there is PC
T/F: ou do not need a warrant to search an automobile if there is PC ?

True
in search incident to arrest, Open
areas to the car can be search (unlocked compartments , containers in reach?

yes
Search incident to arrest, Locked containers/ passenger compartments can be search

false, locked containers cannot be search.
In pretextual stops, Subjective
intent of the officer do not matter

true
Automobile exception

If police have PC, they can search the entire automobile and anything in it w/o a warrant
Police must have probable cause to believe that an item is contraband before seizing it pursuant to the plain view doctrine

immediately apparent” requirement of plain view doctrine
elements of PVD:
- 1. police were lawfully present
- 2. item in PV
- 3. Immediately apparent that the item is contraband or fruit of a crime (there can be no search to determine if there is contraband)
- 4. allow the item to be seized
- - after 1-3 are met

Author

dwrght16

356309

Card Set

Important Rules

Description

important rules

Updated

2021-09-23T04:11:30Z

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