Week 5 - Set 2

  1. T/F: if the police have probable cause to search a car, they can search containers within the car, including a jewelry box or trunk.
    True
  2. T/F: if police only have probable cause to search the container, which coincidentally was in a car, they need a warrant to open the container.
    True
  3. Case where:

    - The police watched as a man enter his home carrying a package they had probable cause to believe contained marijuana.
    - Before a search warrant could be obtained, (defendant) arrived at the house and left after about ten minutes carrying a bag that was the same size as the package.
    - D put the bag in the trunk of his car and drove away.
    - Fearful of losing the evidence, the police followed him, pulled him over, opened the trunk and looked inside the bag, finding marijuana.
    Acevedo
  4. T/F: The automobile exception permits the search of containers within automobiles.
    true
  5. Fourth Amendment does not prohibit seizure of belongings not specifically listed in a warrant if items are in plain view and are found during a legal search for legal items
    plain view doctrine
  6. Elements of the Plain View Seizure:
    • 1, Officer were lawfully present (incident to a lawful S&S
    • 2. Item is in plain view
    • 3. Immediately apparent that the item is contraband or fruit of a crime (there can be no search to determine if there is contraband)
    • - Need to meet the first 3 elements before the 4th is allowed
    • 4. Allows for the seizure of the item
  7. immediately apparent” requirement
    Police must have probable cause to believe that an item is contraband before seizing it pursuant to the plain view doctrine
Author
dwrght16
ID
356317
Card Set
Week 5 - Set 2
Description
Pre-Textual stops (Automobile exception), Plain View Doctrine- Seizure Exception
Updated