Lecture 14 10/20/2025

exceptions to the warrant requirment

  • reasonable suspicion < probably cause

    • more than a hunch

    • articulable facts

  • stop an frisk

    • only needs reasonable suspicion

    • cars

  • Searches incident to arrest

    • officer’s or others’ safety

    • preservation of evidence

      • suspect eats evidence video

    • Officers can search the arrestee and the innediate area around the arrestee (car: within reach of arrestee)

    • Arizona v Gant

    • exception is out when they can’t move

  • court does not want exeptions to get out of hand

  • limited exceptions

  • Exigent Circumstances

    • Immediate threat to public safety or risk that evidence will be destroyed

    • probably cause before the exigent circumstance arise

    • objective reasonableness

    • hot pursuit

      • following in pursuit of some one no need of a warrant to tresspass

    • Emergency assistance

      • provide emergency medical aid

    • imminent destruction of evidence

      • evidence is about to be destroyed or moved

      • 3 ways into a home

        • consent

        • warrant

        • exigent circumstances

      • by the time the get a warrant the joint and smoke is gone

    • must not create the exigence

      • have to have probably cause of the crime before the time of the exigence

  • Plain view doctrine

    • open view where they are legally allowed to be

    • lawful presence

    • plain view or smell

    • immediately recognizes the evidence

  • smell

    • smell can trigger probable cause

    • plain view applies to all senses including smell

  • Automobile searches

    • cars are special: they can drive away

    • three doctrine allowing searches without a warrant

      • reasonable suspicion that vehicle contains contraband

      • incident to arrest

      • inventory searches of lawfully impounded vehicles

  • Checkpoints

    • sobriety checkpoints

      • random checkpoints to catch drunk drivers

      • supreme court “substantial government interest”

      • impact on drivers’ rights negligible

  • consent

    • if people consent the don’t need probable cause or suspicion

    • don’t have to tell you then need consent and that you can say no

    • must be voluntary

    • must have authority to waive the right

    • what if people disagree

    • consent can be revoked

footnote 5 of dorm search article

clarifications

  • sidewalk scenario

    • consentwarrant

    • exigency 

  • observation does provide the probable cause necessary to obtain

5th amendment

  • right not to be witness against oneself

  • Miranda v arizona 

  • proper safeguards are necessary to remind suspects of their rights and to deter police from third degree

  • prior to any interrogation in custody, person must be warmed

    • right to remain silent

    • any statement can be used against you

    • right to the presence of an attorney

  • only applies to testimonial evidence

  • tree triggers

    • custody

    • subject to interrogation

    • government agent

  • deception is okay