Case where After entering a home immediately after a robbery to apprehend the suspect, police officers searched the home for him and any weapons. They discovered the weapons and the suspect at the home
Warden v. Hayden#HotPursuit
The Warden v. Hayden Court held that searches without a warrant are permissible where the ”_______ of the situation” make the search necessary.
”exigencies of the situation"
Case where:
- The police pursued the suspect after the controlled buy, and he entered either the apartment on the left or the apartment on the right.
- They smelled burnt marijuana emanating from the apartment on the left (instead of the right) and approached that apartment.
- Knocked and announced. Police had reason to believe that evidence was being destroyed so they entered into the apartment.
Kentucky v. King #WeedManOnTheRun #WrongDoor
Does the exigent circumstance rule apply when police by K&A’ing their presence, cause the occupants to attempt to destroy evidence?
Yes. Even though the police in Kentucky v. King created the exigency (by knocking and the defendant destroying evidence) this is justified b/c they were trying to prevent the destruction of evidence.
Exception to the warrant requirement:
Exigent Circumstance Rule
the exigencies of the situation make the need of law enforcement so compelling that a warrantless search is objectively reasonable under the 4th amendment
Exigent Circumstance Rule
can the police enter a home w/o a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury?
yes, emergency aid is an exigent circumstance
case where:
- 3 officers arrived at D’s house with an arrest warrant in connection to the burglary of a coin shop. They asked for permission to look around, and D said “no.”
- When D objected, the police informed him that they would conduct the search due to the basis of the lawful arrest. The police instructed D’s wife to remove items from drawers and eventually the police found and seized a number of coins, medals and tokens.
Chimel CoinShopBurglary #TheWifeLetThemIn
is it reasonable to make a search outside the area of the valid arrest?
no, the search has to be within the area that the suspect is being arrested.
- chimel
When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that the latter might seek to use in order to resist arrest or effect his escape
true
The officers may search the person, take the evidence on the person , and search the area in which the arrest took place.
True
- emphases on search where the arrest took place
Allows police to search the person and immediate area within reach of the arrestee
Search incident to arrest doctrine
Does the Search incident to arrest doctrine allow the search of the arrestees entire house.
no
The officer can search your person and your container at the time of arrest
Robinson rule
why did carpenter decline to extend Riley rule to cellphone data? (The officer can search your person and your container at the time of arrest )
police officers must secure a warrant in order to search cell phone, even when it is a search incident to arrest.
Search incident to arrest doctrine purpose
1. To protect the safety to officer at arrest
2. To prevent possible Destruction of evidence
T/F: Searches of the contents of cell phones during the course of an arrest do not fit within the search incident to arrest warrant exception
True
- carpenter
Does the search of the passenger compartment of a vehicle fall within the search incident to arrest exception for vehicle occupants who have been arrested?
Yes (N.Y Belton)
Search incident to arrest may only include:
may only include the arrestee’s person and the area within her immediate control.
T/F:
When the police have made a incident to arrest, they may search the compartment of the vehicle.
true
- NY v. Belton
In order to search a vehicle incident to an arrest,
1. the arrestee must have control over the passenger compartment of the vehicle during the search,
OR
2. the police must have reason to believe that evidence connected/relevant to the crime of the arrest is present in the vehicle
Author
dwrght16
ID
356315
Card Set
Week 4
Description
is a warrant required ?
search incident to arrest doctrine
exigent circumstance rule