Crim Pro Final Exam Chapter 6 (Part 1): Search Warrants & Searches Incident to Arrest

According to Johnson v. United States, who should determine probable cause for a search?

A “neutral and detached magistrate” rather than a police officer “engaged in the often competitive enterprise of ferreting out crime”

What two interests must be balanced in searches?

(1) The need to conduct searches to investigate crimes and seize evidence; (2) Against the interest in individual privacy

What are the 12 important points regarding search warrants?

(1) Neutral and detached judicial official, (2) Affidavit, (3) Probable cause, (4) Anticipatory warrants, (5) Property and persons subject to search, (6) Particularity of location, (7) Particularity of things to be seized, (8) Staleness, (9) Time of day, (10) Scope of search, (11) Presence of third parties, (12) Electronic surveillance

What is the knock and announce rule?

Established from English Common Law, it requires police to knock and announce their presence before entering a home to execute a warrant

What are the three primary reasons for the knock and announce rule (Wilson v. Arkansas)?

(1) Violence - prevent violence to officers and occupants, (2) Privacy - protect privacy, (3) Destruction of property - prevent unnecessary property destruction

What are the three exceptions to the knock and announce rule?

(1) Physical violence - threat to officers or occupants, (2) Prison escape - fleeing suspect, (3) Destruction of evidence - risk evidence will be destroyed

Did the Supreme Court recognize a blanket drug offense exception to knock and announce?

No, Richards v. Wisconsin held there is no drug offense exception because it would be overly broad and could apply to other crimes

What did United States v. Ramirez uphold?

A failure to knock and announce

How long must police wait after knocking before breaking down the door (United States v. Banks)?

Police may forcibly enter when the occupant’s “failure to admit fairly suggested a refusal to let them in.” The test is the time required to destroy evidence, not how long it takes to reach the door. Generally depends on the “size of the establishment”

Did Carroll v. Carmen require police to knock at the front door before approaching other entrances?

No, an officer may approach any entrance generally accessible to the public and reasonably believed to be used by the public. No requirement to knock on front door first

What did Chimel v. California define?

The scope (extent) of a search incident to an arrest - when an individual is arrested, it is reasonable for an officer to search the person arrested

What are the three purposes of a warrantless search incident to arrest?

(1) Safety of officers, (2) Prevent resistance to arrest, (3) Prevent destruction/concealment of evidence

What can police search incident to an arrest?

The person arrested and the area of his or her immediate control (grab area/lunging area) for weapons, evidence, or contraband

What is the contemporaneous requirement for searches incident to arrest?

The search must be undertaken “immediately before the arrest, at the same time as the arrest, or immediately after the arrest” (Rawlings v. Kentucky)

What did Preston v. United States hold about searches remote in time or place?

The justifications for searches incident to arrest “are absent where a search is remote in time or place from the arrest. Once an accused is under arrest and in custody, then a search made at another place without a warrant is simply not incident to an arrest”

Can police search “effects” in a suspect’s possession after arrival at the detention facility?

Yes, according to United States v. Edwards, effects in the suspect’s “immediate possession” may be searched “on the spot at the time of arrest” or “later when the accused arrives at the place of detention, if need be”

What did New York v. Belton establish regarding vehicle searches incident to arrest?

Articles and containers within the passenger compartment are within the area the arrestee might “reach to grab a weapon or evidentiary item”

Does Belton apply to recent occupants who have exited the vehicle?

Yes, according to Thornton v. United States, Belton applies to “recent occupants” who have exited an automobile

How did Arizona v. Gant limit Belton?

“Belton does not authorize a vehicle search incident to a recent occupant’s arrest after the arrestee has not been secured and cannot access the interior of the vehicle” Search is only justified when reasonable to believe evidence of the offense of arrest might be found in the vehicle

What is the practical effect of Arizona v. Gant?

Once the arrestee is secured and cannot access the vehicle’s interior, police cannot search the vehicle incident to arrest UNLESS they have reason to believe evidence of the crime of arrest is in the vehicle

Does the offense (misdemeanor vs. felony) matter for searches incident to arrest?

No, the “bright-line rule” is that the fact of an arrest authorizes a search incident to arrest regardless of the offense (United States v. Robinson and Gustafson v. Florida)

Are there requirements that the officer believe the suspect is armed or that the offense involves weapons?

No, there is no requirement that the officer reasonably believes the suspect is armed or dangerous, or that the offense is associated with possession of weapons or risk of evidence concealment

What is the bright-line rule for searches incident to arrest?

The fact of an arrest authorizes a search incident to arrest regardless of the offense for which a suspect is arrested

Can police search incident to issuing a citation?

No, Knowles v. Iowa held police cannot search “incident to citation”

What did Whren v. United States hold about pretext arrests?

An officer’s subjective motivations “play no part in Fourth Amendment analysis” and do not make otherwise lawful conduct “illegal or unconstitutional”

If police have a discriminatory motive for a search, what is the proper legal challenge?

The basis for objecting to intentionally discriminatory application of laws is the Equal Protection Clause, not the Fourth Amendment

What is a pretext arrest?

When police use a minor violation (like a traffic offense) as an excuse to stop someone and conduct a search, when their real motive is to investigate another crime

What is the relationship between the search and the arrest for “search incident to arrest”

The search must be contemporaneous with (close in time and place to) the arrest. The arrest must come first or be simultaneous with the search

Why is the “area of immediate control” important?

It defines the permissible scope of a warrantless search - only areas within the arrestee’s reach where they might grab a weapon or destroy evidence

What is the main limitation on vehicle searches after Gant?

Police need either: (1) the arrestee is unsecured and can access the vehicle, OR (2) reasonable belief that evidence of the crime of arrest is in the vehicle