MCOLES Laws on Warrantless Searches

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jmansfield106
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68138
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MCOLES Laws on Warrantless Searches
Updated:
2011-02-22 15:33:13
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MCOLES 77th Academy KLETC Laws on Warrantless Searches
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MCOLES 77th Academy KLETC Laws on Warrantless Searches
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  1. Katz v. United States
    (Major interpretation of the 4th Amend by Supreme Court)
    The general rule is police officers must have a search warrant to conduct a search. There are exemptions to the general rule.
  2. Robbins v. California
    (MINORITY viewpoint interpretation of 4th Amend.)
    The dissent in Robbins argues that the constitution only prohibits searches that are unreasonable. Each officer has a different level of reasonableness. Due to this most courts follow the requirment of the search warrant rule.
  3. The fundamental differences between the 4th Amend. and Article 1, Section 11 of the Michigan Constitution
    (Michigan v. Long, People v. Nash, People v. Chapman, People v. Collins)
    The Michigan Constitution has no exclusionary rule for narcotic drugs, firearms, bombs, or other dangerous weapons seized outside the curtilage of a dwelling.

    Article 1, Section 11 is unconstitutional because it sets fewer liberties than Bill of Rights.
  4. Difference between "Plain View" and "Open View"
    Open View- What a person knowingly exposes to the public, even in his/her home, is not protected under the 4th Amend.

    Plain View-Officers may sieze items where they have a legitimate reason for being in an area protected by the 4th Amend, and have probable cause to believe the items to be contraband or incriminating evidence.
  5. Demenostre a working Knowledge of the exception:
    Search Incident to Arrest
    Officers may, incident to a lawful custodial arrest, search for weapons and evidence that is contained within the reach of a person being arrested. The search must be contemporaneously with the arrest.
  6. Demenostre a working Knowledge of the exception:
    Probable Cause plus Exigengt Circumstances
    Officers may search when they possess probable cause that items sought to be seized are in a specific location and at the time of the search there are exigent circumstances that require the officers to search without a warrant.
  7. Demenostre a working Knowledge of the exception:
    Plain View
    Officers may sieze items where they have a legitimate reason for being in an area protected by the 4th Amend, and have probable cause to believe the items to be contraband or incriminating evidence.
  8. Demenostre a working Knowledge of the exception:
    Consent
    An eception to the search warrant rule where a person voluntarily waives his or her rights in a protected area.
  9. Demenostre a working Knowledge of the exception:
    Stop and Frisk
    Officers may stop a person when they have reasonable suspicion to believe that a crime is afoot and may frisk the person for weapons when they have reasonable suspicion to believe the person is armed and potentially dangerous.
  10. Demenostre a working Knowledge of the exception:
    Inventory Search
    Police may make routine, warrantless searches of contents of any vehicle that lawfully comes into police custody as part of police care taking and as long as the search is in compliance with departmental standards.
  11. Demenostre a working Knowledge of the exception:
    Emergency Exception
    Situations may allow officers to enter 4th Amend. protected areas where they have reasonable (belief) suspicion that an emergency exsists.
  12. Demenostre a working Knowledge of the exception:
    Hot Pursuit
    Authorizes police to pursue a person suspected of committing a felony into a residence without a warrant where there are exigent circumstances.
  13. Demenostre a working Knowledge of the exception:
    Administrative Search
    A search pursuant to a statuatory scheme to regulate particular industry or buisness. The buisness must be a pervasively regulated industry and the search is to ensure compliance to the regulations.
  14. Demenostre a working Knowledge of the exception:
    Border Search
    An exception that applies to federal officers enforcing federal law at the US border or a functional equivalent of the US border.

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