Crim Due Process Quiz 4

IL v. McArthur

freeze the house to search whether drugs were there and no one was allowed in or out, PC, RULE: a temporary seizure is allowed to protct the loss of evidence for a reasonable amount of time

US v. Banks

warrants allow for a pretty rapid entry after warning given, if police can reasonably suspect that exigent circumstances require entry

Ybarra v. IL

In a public place (here was a bar), just because the target of the SW is close to other persons, this, without more, does not give rise to PC to search everyone.

Exceptions of Warrant

1. if police have reasonable suspicion evidence will be destroyed

2. limits scope of search

3. Warrantless action lasts no longer than the exigency

4. Still need PC

Warden v. Hayden

HOT PURSUIT- May enter a place for the purpose of search and seizure if you are in fresh pursuit of a fleeing felon- need to stop when done

Chimel v. CA

Initial concept of SILA; 4th Amendment

SILA

1. Arrestees person

2. Arrestees immediate control

3. if occured int eh home, closets, and other spaces immediately adjoining the place of arrest

NEEDS TO BE CONTEMPERANEOUS WITH ARREST

LO-JI v. NY

Judge went to location to find items- took 431 reels of film- warrant was incomplete and was wrong cuz was not full

MASS Warrant

specific warrant must be executred within 7 days of issuance

is US v. Banks a bright line rule

no

Riley v. CA

Unconstitutional to search a cell phone without a search warrant unless there are officer safety concerns or exigent circumstances

Wurie v Comm of MA

phone is big intrusion and in some ways more of an exhaustive search than the home

NY v. Belton

Once driver is arrested, can search passenger compartment and containers.

Is Belton a bright line rule?

yes

AZ v. Gant

Police can only IMMEDIATELY search your car if they believe you 1. have a weapon or 2. the arrest relates to the search. (reduced how much police can search under Belton)

Motor Vehicle Exception

Allows the search of a motor vehicle without a search warrant (still have to have probable cause).

Chambers v. Maroney

If there is probable cause to believe the vehicle contains criminal evidence and there exist exigent circumstances where the vehicle can be removed from the jurisdiction, a warrantless search would be reasonable. Even if it is at a different location than prevously.

Coolidge v. NH

police take vehicles 2 hours after arrest, search them 2 days later, one year then 17 months

- this was not practible

- cars are involved doesn't mean the exception applies

only got convicted for second degree murder instead of first degree cause of negligent policing

CA v. Carney

claimed RV is home so deserves more proteciton, vehicle is used for more vehicle then home, inherent mobility, reduced expectation of privacy (insurance, inspection, drivers license)

Plainview

1. observe the item from a lawful vantage point

2. right of physical access to an item

3. nature as an incriminating object (contraband, evidence, illegal) is immediately apparent when the officer observes it

officer can not violate 4th amendment...

in where he is or seizing the object

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