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11 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Chimel v. California
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F: A man is lawfully arrested in his home. Police then toss the entire house looking for coins.
Search Incident to an Arrest |
H: a lawful arrest justifies a contemporaneous search of person and grab area
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United States v. Robinson (1973)
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F: Cop validly arrests Robinson for operating without a license. Searches person, finds heroine in a crumpled cigarette box.
Search Incident to an Arrest |
H: In the case of a lawful custodial arrest a full search of the person does not require a warrant and is in fact a reasonable search.
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New York v. Belton (1981)
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F: Belton and 3 others arrested after being pulled over and marijuana was discovered in plain view. Cop searches Belton's zipped up pocket and finds cocaine
Scope of an Automobile Search Incident to an Arrest |
H: A lawful custodial arrest of a vehicle occupant allows the search of the passenger compartment, including open or closed glove boxes, consoles, receptacles, luggage, boxes, bags, or clothing. But not the trunk.
Per Robinson, the container does not have to be able to hold weapons or evidence related to the charge for which the occupant was arrested. |
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Mincey v. Arizona
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F: After a gang shooting in an apartment, police tend to wounded. Then begin a 4 day turning over of the apartment, using the initial violence as the exigent circumstance.
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H: A warrantless search must be circumscribed by the exigency that justified its initiation
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Knowles v. Iowa (1998)
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F: Knowles was stopped for speeding and given a citation. Cop, without reasonable suspicion, but having the legal power to arrest according to state law, searches the vehicle and finds pot.
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H: In Robinson, the search of a person is reasonable for 1) officer safety and 2) evidence protection. Neither of these are justified by the circumstances of a routine traffic stop.
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Virginia v. Moore (2008)
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H: An arrest based on probable cause, although in violation of state law, is "lawful" for purposes of Fourth Amendment analysis
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H: Crazy, huh?
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Atwater v. City of Lago Vista
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F: Atwater is arrested after being pulled for seat belt violations. Search of person or car reveals no other evidence of crime. She brings 1983 suit.
Search of Auto Incident to "lawful" arrest |
H: 5-4, SCOTUS rejects suit and Atwaters argument for a limit on what police can arrest for, noting that there was no evidence of a systematic problem and difficulty in drawing the line between arrestable and nonarrestable offenses (and cops' ability to remember).
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Thornton v. United States (2004)
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F: Thornton, after parking and exiting his vehicle, is arrested (lawfully) for drugs. The police, after putting him in the squad car, conducted a Belton search of the car (warrantless) and found a handgun
Search of an Auto Incident to a lawful arrest...outside of that auto. |
H: The Court ruled that the Belton rule applies "so long as an arrestee is the sort of 'recent occupant' of a vehicle such as the petitioner was here."
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Arizona v. Gant (2009)
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F: Gant was arrested for driving with a suspended license and cuffed and put in the back of a patrol car. Cops THEN searched his car and found cocaine in a jacket pocket.
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H: Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the car at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.
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Whren v. United States (1996)
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F: Whren, after committing minor traffic violations, is approached in his vehicle by unmarked/out-of-uniform cops. Drugs in plain view are observed, and he is arrested.
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H: The subjective intentions of police are not part of a fourth amendment analysis. The argument of what a "reasonable officer" would do is subjective and local. This does not meet the rare exception that a balancing test outweighs a valid arrest based on probable cause.
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Chambers v. Maroney (1970)
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F: A car described as speeding away from a robbery site was stopped and one of its occupants arrested on probable cause. The search that produced the evidence was made at the police station some time after arrest.
Cars and Containers |
H: The Court has long held that a car is diff than a house or an office. It is movable. There is no difference in keeping the car until a warrant is found. A search upon probable cause is permissible.
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