If PC to believe evidence of crime in car, ok to search everywhere that may hold object of search, including containers therein Need warrant to search containers unrelated to car, even w/ PC If PC to search container that’s in car, can only search that container Search incident to arrest change things around Exigent Circumstances: Warrantless search/seizure ok if PC to believe immediate action reasonably necessary to prevent flight, safeguard person, or protect against loss of evidence Intrusion can’t exceed scope of emergency After arrest outside dwelling, need reasonable believe that: (1) 3Ps inside & (2) 3Ps know of arrest & might destroy evidence Presumptively unreasonable if underlying offense = minor (Welsh) Hot Pursuit: Unrealistic to expect cops to stop in middle of chase for warrant Doesn’t apply if suspect unaware of pursuit Cops chased robbery suspect to entered to search for Warden – him & weapons; Found incriminating clothes in washer Justified by hot pursuit & clothes seizure ok as plain view Cops heard car driven erratically into ditch & driver left Welsh – scene; Went to addy listed on registration & arrested D in home for DWI No hot pursuit b/c D not away of pursuit D retreated into after cops tried to arrest in doorway Santana – Ok to follow b/c hot pursuit Safety: Req’s risk of harm to cops/public significant Fight at party Stuart – Entry = permissible b/c reasonable under circumstances (ongoing violence) No inquiry into subjective motivations unless alleged purpose programmatic Destruction of Evidence: Cops arrested D on sidewalk outside home after found guy Vale – leaving w/ drugs; Went inside & searched before mom & sis returned from store Warrant req’d b/c trial not in immediate process of destruction Cheh disagrees b/c family members would destroy if came home before warrant (DDC) No 4A violation to search known drug house after Socey – arrest outside b/c reasonable to think look-out system & drugs are easily destroyed Cops did undercover buy w/ pre-recorded bill, (2C) MacDonald – found guys inside w/ cocked gun & lots of drugs; Cops returned,
If PC to believe evidence of crime in car, ok to search everywhere that may hold object of search, including containers therein Need warrant to search containers unrelated to car, even w/ PC If PC to search container that’s in car, can only search that container Search incident to arrest change things around Exigent Circumstances: Warrantless search/seizure ok if PC to believe immediate action reasonably necessary to prevent flight, safeguard person, or protect against loss of evidence Intrusion can’t exceed scope of emergency After arrest outside dwelling, need reasonable believe that: (1) 3Ps inside & (2) 3Ps know of arrest & might destroy evidence Presumptively unreasonable if underlying offense = minor (Welsh) Hot Pursuit: Unrealistic to expect cops to stop in middle of chase for warrant Doesn’t apply if suspect unaware of pursuit Warden – Cops chased robbery suspect to entered to search for him & weapons; Found incriminating clothes in washer Justified by hot pursuit & clothes seizure ok as plain view Welsh – Cops heard car driven erratically into ditch & driver left scene; Went to addy listed on registration & arrested D in home for DWI No hot pursuit b/c D not away of pursuit Santana – D retreated into after cops tried to arrest in doorway Ok to follow b/c hot pursuit Safety: Req’s significant risk of harm to cops/public Stuart – Fight at party Entry = permissible b/c reasonable under circumstances (ongoing violence) No inquiry into subjective motivations unless alleged programmatic purpose Destruction of Evidence: Vale – Cops arrested D on sidewalk outside home after found guy leaving w/ drugs; Went inside & searched before mom & sis returned from store Warrant req’d b/c not in immediate process of destruction Cheh disagrees b/c family members would destroy if came home before warrant Socey (DDC) – No 4A violation to search known drug house after arrest outside b/c reasonable to think look-out system & drugs are easily destroyed MacDonald (2C) – Cops did undercover buy w/ pre-recorded bill, found guys inside w/ cocked gun & lots of drugs; Cops returned, trial
Criminal%20Procedure%20-%20Cheh%20-%20Fall%202011.docx