Arrest, Search, and Seizure Flashcards

Under North Carolina General Statute 15A-401, an officer may arrest a person without a warrant for a misdemeanor not committed in the officer's presence ONLY IF certain conditions are met. Which of the following scenarios would NOT justify a warrantless arrest for a misdemeanor?

Answer: The person has provided a valid ID and promises to appear in court.

According to N.C.G.S. 15A-401(b)(2), a warrantless arrest for a misdemeanor not committed in the officer's presence is justified if the officer believes the person will not be apprehended, may cause injury, or may damage property unless immediately arrested. The statute also provides specific exceptions for certain misdemeanors, like unlawful concealment. A promise to appear in court, even with a valid ID, does not meet any of these statutory requirements for immediate arrest.

An officer lawfully pulls over a vehicle for a traffic violation. While speaking with the driver, the officer observes a bag containing a white, powdery substance, which they recognize as cocaine, sitting on the passenger seat. Under the 'Plain View Doctrine', what is the officer legally permitted to do?

Answer: Seize the bag of suspected cocaine without a warrant.

The Plain View Doctrine allows an officer to seize contraband or evidence of a crime without a warrant if three conditions are met: (1) the officer is lawfully in a position to view the object, (2) the incriminating character of the object is immediately apparent, and (3) the officer has a lawful right of access to the object. In this scenario, all three conditions are met, allowing the officer to seize the drugs.

A law enforcement officer has reasonable suspicion to believe an individual is armed and involved in criminal activity. Based on the principles established in *Terry v. Ohio*, what is the primary justification for conducting a frisk of the individual's outer clothing?

Answer: To ensure officer safety by searching for weapons.

The landmark Supreme Court case *Terry v. Ohio* established that an officer can perform a limited pat-down of a person's outer clothing, or a 'frisk,' during an investigatory stop. The sole purpose of this frisk is not to discover evidence of a crime, but to search for weapons to protect the officer and others from harm when the officer has reasonable suspicion the person is armed and dangerous.

Which of the following is a key requirement for a valid consent search in North Carolina?

Answer: The consent must be given voluntarily and without coercion from law enforcement.

For a consent search to be valid, the consent must be given voluntarily, intelligently, and without any form of coercion, threats, or misrepresentation by law enforcement. While it is good practice to inform someone of their right to refuse, it is not a constitutional requirement. Consent does not need to be in writing.

An officer makes a lawful arrest of a suspect in their living room. Which of the following areas is the officer generally permitted to search without a warrant as a 'search incident to lawful arrest'?

Answer: The suspect's person and the area within their immediate control.

A search incident to a lawful arrest allows an officer to search the arrested person and the area within that person's 'immediate control' or 'wingspan.' This is justified to find and remove weapons and to prevent the destruction or concealment of evidence. A search of the entire house, a vehicle outside, or a locked safe would exceed the permissible scope and would generally require a separate warrant or another exception to the warrant requirement.

Evidence obtained by law enforcement in a manner that violates a suspect's constitutional rights against unreasonable searches and seizures is generally inadmissible in court. This principle is known as:

Answer: The Exclusionary Rule

The Exclusionary Rule is a legal principle that prevents the government from using evidence gathered in violation of the United States Constitution, most often the Fourth Amendment's protection against unreasonable searches and seizures. North Carolina law codifies this rule in G.S. 15A-974. The other options are exceptions to this rule, but not the rule itself.