Slide info Due Process 4

Exigent Circumstances

An emergency situation where police can act without a warrant due to time constraints

When Exigency Applies

When police believe evidence will be destroyed or a suspect will flee if they wait for a warrant

Scope of Exigency Search

Limited to places where the object of the search could reasonably be found

Duration of Exigency Search

Ends when the exigency ends

Probable Cause + Exigency

Exigency does NOT replace probable cause—PC is still required

Search Incident to Lawful Arrest (SILA)

Allows officers to search a person and area within immediate control during a lawful arrest

SILA Requirements

Must be a lawful arrest and the search must be contemporaneous (at the same time)

SILA Scope

Person + area within immediate control (wingspan)

SILA Rationale

Officer safety and preservation of evidence

SILA in Home

Includes closets and spaces immediately adjoining the arrest area

Probable Cause in SILA

Comes automatically from a valid arrest

Invalid Arrest Effect

If arrest is invalid, SILA cannot apply

Wingspan Test

Area within an arrestee’s control (not literal reach, but potential access)

SILA in Cars

Applies to passenger compartment, NOT the OG trunk

OG Trunk Rule (SILA)

Separate trunk cannot be searched under SILA

Motor Vehicle Exception (MVE)

Allows warrantless search of a car if there is probable cause it contains evidence

MVE Probable Cause

Still required—exception removes warrant requirement, not PC

MVE Scope

Limited to places where the object of the search could be found

MVE Timing

Search must occur immediately or shortly after seizure

MVE Trunk Rule

Police CAN search the trunk if they have probable cause

Chambers v. Maroney

Car can be searched later even if occupants are in custody

Plain View Doctrine

Allows seizure of evidence without a warrant if certain conditions are met

Plain View Requirement 1

Officer must be lawfully present (lawful vantage point)

Plain View Requirement 2

Officer must have lawful right of access to the object

Plain View Requirement 3

Object must be immediately apparent as illegal/contraband

Lawful Vantage Point

Officer did not violate the 4th Amendment to see the item

Right of Physical Access

Officer must be allowed to physically access the item legally

Immediately Apparent

No ambiguity that the item is illegal or evidence

Plain View Limitation

Seeing something is NOT enough—must meet all 3 requirements

Terry Stop (Stop & Frisk)

A brief detention and pat-down based on reasonable suspicion

Reasonable Suspicion

Specific and articulable facts that a person is involved in crime and may be armed/dangerous

RS vs PC

Reasonable suspicion is lower than probable cause

Terry Step 1

Was the stop reasonable at its inception?

Terry Step 2

Was the search reasonably related in scope?

Frisk Purpose

Only to find weapons, not evidence

Frisk Scope

Limited to outer clothing for weapons

Key Rule for RS

RS is NEVER just a hunch

Terry Limitation

Not a full search—only for weapons

Core Theme Across All Exceptions

Warrant requirement may be removed, but probable cause is usually still required