Exam 10: Search and Seizure: Exceptions to the Warrant Requirement

Police are told by a reliable local informant that he purchased crack cocaine from X over a period of one week at a travel home parked at campsite six at the Joy Campground.Without a warrant,the police go directly to the campsite,enter the motor home,and seize cocaine.Is the cocaine admissible? What are the issues?

What is the motor vehicle exception,why does it exist,what type of vehicles are included in this exception,and what justification must a police officer have to make such a search?

A prerequisite to a legal plain-view search is

A search incident to arrest involving a vehicle extends to the entire passenger area and closed containers in it.

A warrantless search may be made incident to a traffic citation.

In effecting a border search,the officers involved do not have to have probable cause to search your vehicle or belonging as they are given the authority by the federal government based on concerns of national security,the war on drugs,and immigration laws.

A stop and frisk is not an arrest.

Traffic roadblocks have not been allowed for

An arrest occurs when

One of the reasons given for the inventory search exception to the warrant requirement is that the police need to be protected from damage claims that might be brought by the owner of the impounded vehicle.

If there is a possibility that evidence is or will be destroyed by the suspect,the courts will not require the police to get a search warrant,but will use the exception to the warrant requirement known as the evanescent evidence exception.

California v.Acevedo declared highway sobriety checkpoints constitutional.

Hot pursuit

Sergeant Wilson was patrolling a local neighborhood when he observed two individuals standing by the doorway of a closed dry cleaning shop.The doorway was shadowed,but Wilson knew one of the men had been questioned regarding a local drug deal and knew that a lot of drug dealing occurred in that neighborhood.After a few minutes of observation,Wilson saw one man hand something to the other.Wilson then approached the two men,spoke to them,and approached them to have a conversation.One of them men turned and walked away quickly,but Wilson placed a hand on the other to detain him.Wilson then patted the man down,felt a hard object in the pocket of the man's jacket and pulled out a weapon.The man did not have documentation or licensure for the weapon and was arrested on a concealed weapons charge.The officer's pat-down was based on _________________________ and will be upheld in court if challenged.

A ____________________ is an individual who is entrusted with the property of another for safekeeping or transport but cannot give permission for a warrantless search of that property.

Warrantless searches of vehicles are generally allowed because

According to Minnesota v.Dickerson (1993),if a patdown reveals identifiable contraband it may

The scope of a "Terry" type search is to enable the officers to look for weapons on the detainee and thus protect themselves and others in the area.

A vehicle is not subject to search incidental to arrest if the arrested driver was not in the car when the officer first made contact.

Please write a paragraph defining the plain-view exception to the warrant requirement which includes the three factors that make this exception applicable.