Search and Seizure Principles Flashcards

An officer lawfully pulls over a vehicle for a traffic violation. As the officer approaches, they see a handgun partially concealed under the passenger seat through the open window. Under the 'plain view' doctrine, what is the officer legally permitted to do?

Answer: Seize the firearm without a warrant because it is evidence of a potential crime observed from a lawful vantage point.

The 'plain view' doctrine allows an officer to seize evidence or contraband found in plain sight during a lawful observation. For the doctrine to apply, the officer must be lawfully in the location from which the object can be seen, and the incriminating character of the object must be immediately apparent. Seeing the handgun provides probable cause to seize it and investigate further.

Which of the following legal standards requires the highest degree of certainty and is necessary for an officer to make an arrest or obtain a search warrant?

Answer: Probable cause

Probable cause is the required standard for arrests and search warrants. It means there are enough facts and circumstances to make a reasonable person believe that a crime has been committed and that the person in question committed it, or that evidence of a crime is in a specific place. It is a higher standard than reasonable suspicion but lower than the standard needed for a conviction ('beyond a reasonable doubt').

Officer Miller is in foot pursuit of a suspect who just committed an armed robbery. The suspect runs into an occupied apartment belonging to a third party. What legal principle allows Officer Miller to enter the apartment without a warrant?

Answer: The 'exigent circumstances' doctrine, specifically 'hot pursuit'.

Exigent circumstances, including the 'hot pursuit' of a fleeing felon, provide an exception to the Fourth Amendment's warrant requirement. This allows officers to follow a suspect into a private dwelling to prevent escape, the destruction of evidence, or harm to the public or officers.

A 'search incident to a lawful arrest' allows a peace officer to search the arrestee's person and what other area?

Answer: The area within the arrestee's immediate control or 'wingspan'.

The Supreme Court case Chimel v. California established that upon a lawful arrest, an officer may search the arrestee's person and the area 'within his immediate control.' This is often referred to as the arrestee's 'wingspan.' The purpose is to prevent the arrestee from gaining possession of a weapon or destroying evidence.

An officer contacts a person on the street and asks, 'Do you mind if I search your backpack?' The person says, 'No, go ahead.' The officer finds illegal narcotics inside. The search is lawful under which exception to the warrant requirement?

Answer: Consent

A search is considered reasonable and lawful without a warrant if a person with the proper authority gives voluntary consent. The consent must be freely given and not the result of duress or coercion. In this scenario, the person voluntarily agreed to the search of their backpack.

What is the primary purpose of a 'Terry frisk' or pat-down search conducted during a lawful detention?

Answer: To locate weapons on the person for officer safety.

The Supreme Court case Terry v. Ohio established that if an officer has reasonable suspicion that a person they have lawfully detained is armed and dangerous, the officer may conduct a limited pat-down of the person's outer clothing. The sole purpose of this 'frisk' is to locate and neutralize potential weapons, ensuring the safety of the officer and others nearby, not to search for general evidence of a crime.