Class 10: Stop and Frisk Warrant Exceptions

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Class 10 Stop and Frisk Warrant Exceptions
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Problem 3-13

• RS to detain?
• Did detention ripen into de facto arrest before
  PC to arrest developed?

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Problem 3-14

• Did police actions constitute stop?
• Was anonymous tip sufficiently reliable to count
  toward RS?
• RS based on totality of circumstances?
• Was consent fruit of illegal stop?

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Exceptions to the Warrant Requirement

• Two categories exceptions excusing only need for
  warrant exceptions excusing need for PC and
  warrant
• First elaborated during primacy of warrant
  clause
• Exceptions should be no broader than necessary to
  address exigency
• Permits search or seizure of person or thing in
  circumstances otherwise demanding warrant
  (automobiles)

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Special Needs cases

• Started with Camara v. Muni Court
• Introduced reasonableness balancing
• Searches or stops that are primarily non-criminal
  (administrative or regulatory)
• Broad category housing inspections to DUI
  roadblocks

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Searches Incident to Arrest

• Of homes (Chimel v. CA)
• Of individuals (US v. Robinson)
• Of cars (NY v. Belton)
• All contingent upon lawful (PC Warrant or
  exception) custodial arrest (Knowles v Iowa)
• Search itself requires no PC
• Roughly contemporaneous

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Chimel v. CA

• Police performing an in-home arrest may search
  the arrestees person and the area within his
  immediate reach
• Rationale officer safety preservation of
  evidence
• Why limited to arrest?
• What is area within immediate reach?
• MD v. Buie protective sweep

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US v. Robinson

• Police officers may search arrestees person upon
  valid custodial arrest, and open containers
  encountered in the course of the search.
• Suggests that evidence may be of any crime, not
  necessarily crime of arrest

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NY v. Belton

• A police officer, upon valid custodial arrest of
  any occupant of a vehicle, may search the
  passenger compartment of the vehicle and open
  containers found therein.
• What is passenger compartment?
• Who is an occupant?

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Problem 4-3

• PC to arrest?
• Removal of cigarette from pocket permissible
  under plain view?
• Was search of car incident to arrest?

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Exigent Circumstances

• Any circumstances that make seeking of a warrant
  impracticable
• Important values (officer safety, integrity of
  evidence) would be compromised by delay
• Hot pursuit evanescent evidence, and other
  defined exigencies
• Case by case analysis of others (home searches)
• Balancing severity of crime and severity of
  intrusion
• Impact of technology?

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Problem 4-4

• PC to arrest? When?
• If so, was defendant in public place? Hot
  pursuit?
• Was there an exigency excusing seeking of warrant
  to arrest?
• Search yielding money incident to arrest?

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Next time

• Exceptions to the Warrant Requirement, pp.
  380-403
• Consent, pp. 402-419