KEY TERMS Ch 9 Cengage: Conducting Constitutional Searches

administrative warrant

allows civil inspections of private property to determine compliance with government rules, regulations, and city ordinances such as fire or building codes; may also be obtained so government agents can conduct routine inspections when occupants refuse their entry

contemporaneous

a concept that holds a search can be incident to an arrest only if it occurs at the same time as the arrest and is confined to the immediate vicinity of the arrest

contraband

anything that is illegal for people to own or have in their possession, for example, child pornography, illegal drugs, or illegal weapons

curtilage

the portion of property generally associated with the common use of land

exigent circumstances

emergency situations

plain feel

items felt during a lawful stop and frisk may be retrieved if the officer reasonably believes the items are contraband and can instantly recognize them as such

plain touch

same as plain feel

plain view

unconcealed evidence that officers see while engaged in a lawful activity may be seized and is admissible in court

protective sweep

a limited search made in conjunction with an in-home arrest when the searching officer possesses a reasonable belief based on specific and articulable facts that the area to be swept harbors an individual posing a danger to those on the arrest scene

qualified immunity

exemption of a public official from civil liability for actions performed during the course of his or her job unless they violated a “clearly established” constitutional or statutory right of which a reasonable person would have known

reasonable expectation of privacy

a situation in which (1) a person has exhibited an actual (subjective) expectation of privacy and (2) that expectation is one that society is prepared to recognize as reasonable

remoteness

regarding the unreasonableness and unlawfulness of searches of seized luggage or other personal belongings not immediately associated with the arrestee’s body or under his or her immediate control

voluntariness test

a determination as to whether one willingly and knowingly relinquished his or her constitutional rights; considers the totality of circumstances to determine whether consent was given freely and truly voluntarily

waiver test

citizens may waive their rights, but only if they do so voluntarily, knowingly, and intentionally

wingspan

the area within a person’s reach or immediate control

exigent (emergency) circumstances

emergency situations