Due Process #10

Exceptions to Warrant Requirements; search warrants

exigency/exceptions

• limits the scope of the search

  • depends on what you are looking for, as to where you can search

• Once exigency ends, no longer search w/o a warrant, unless they can justify on a different basis

exigency/emergency circumstances

• Time constraints present in the scenario make it impracticable for officers to seek a warrant

• Requires immediate action, reasonable to act in these circumstance w/o a warrant

• Requires evidence may be destroyed or a suspect will flee

Time execution of Search Warrant

• PC can become stale

• SW must be executed within 7 days of issuance, only for MA

• Some also bar nighttimes searches

IL v. McArthus significance?

• Officer stays at trailer and another went to get the warrant

• In favor of police

• PC for contraband, easy to destroy → exigency, so reasonable to balance privacy and law enforcement needs

US v. Banks facts?

Went to Banks house with a search warrant, knocked, announced, and waited 15-20 seconds, then battery rammed his windows. Turns out Banks was in the shower

US v. Banks holding?

In favor of US

US v. Banks reasoning?

• Police here could have believed that had they not entered the drugs would have been destroyed

• Allows for a pretty rapid entry by force after warning given, if Police reasonably suspect that emergent circumstances require entry - drug cases probably always do

Ybarra v. IL significance?

Public places (bar), just because target of the SW is close other persons, this, without more, does not give rise to PC to search everyone

Warden v. Hayden facts?

• An armed robber entered a business and took some money and ran. Two cab drivers followed the man to 2111 cocoa lane. Cab driver called dispatchers of the situation and the police arrived at the house in a number of patrol cars

• They knocked and announced their presence and Mrs. Hayden answered, police said they believe a robber had entered the house, asked to search, and she offered no objection

• Found Hayden in a bedroom, but also searched an adjoining bathroom and discovered a shotgun and pistol in a flush tank, and other pieces of evidence

Warden v. Hayden reasoning?

• Exigency because he was armed

• Probable cause is here, as eyewitnesses tracked the person and saw what happened

• Up to finding Hayden in the bed, the scope of the search is set

  • However, after they find him, they hear noise in the bathroom, and conduct a search in the bathroom

• Did finding Hayden end the exigency?

  • Even though they found the person, they are allowed to search for the firearm because it is still the exigency, so it is okay for police to search in the bathroom for it

• Fits within the four rules