Searches III

When can a warrantless search be done:

• Consent Searches

• Certain Vehicle Searches

• Supervisory Workplace

• Searches Incident to Arrest

• Emergency Searches

• School Officials

Voluntainess

free and unconstrained choice

Consent Search

Warrant not required or 4th Amendment acknowledge

Consent given to officer should be

• Documented in writing

• Documented on body cam

Receipt

• List of anything seized

• Left with person that consented to search / on property

3 Ways a search of a person can be done

• Incident to a lawful, custodial arrest

• Consent

  • With a search warrant

Threshold of search

• Must have lawful arrest

• Search must be made at time of arrest

Scope of search

• Person

• Reaching Distance

  • Bags

Intensity of search

Whatever force is NECESSARY

Protective Sweep

Reasonable suspicion others can be hurt

Vehicle Privacy

• VINs have no expectation of privacy

• Vehicles may be searched without warrant due to reduced expectation of privacy

Emergency Searches / Exigent Searches

• Immediate warrantless entry is necessary

• Get out as soon as done

• No Crime Scene Exception

The 3 P’s

• Protect

• Pursuit

• Preserve

Vehicle Search

• Probable Cause

• Closed Containers / Compartments / Personal items

Vehicle Search Incident to Arrest

• Reasonable suspicion

• Reaching Distance / Compartments

Frisk of Vehicle

• Reasonable Suspicion

• Armed and Dangerous

• Weapons only / Reaching Distance / Compartments

Inventory of Vehicle

• Custody

• Policy / Pattern / Practice / Non-Investigatory

• Can Search Everywhere