1 / 13

Class Twelve: Warrant Exceptions

Pat_Xavi
Download Presentation

Class Twelve: Warrant Exceptions

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

    1. Class Twelve: Warrant Exceptions

    3. Containers in Vehicles Containers may be searched whether probable cause focuses on car or on the container - CA v. Acevedo Other containers require warrant - US v. Chadwick Scope of search extends to belongings of others found in car - WY v. Houghton

    4. Problem 4-10 Did officer have probable cause to search? (18” blade – or object?) Did search exceed permissible scope? If search exceeded the scope, would the evidence have been inevitably discovered by lawful means (inventory search)? Does it matter that search was pretextual?

    5. “Special Needs” Searches and Seizures Conducted for “non-criminal purposes” PC inapposite; warrants often unnecessary Reasonableness balancing Identity of agent not dispositive Primary non-criminal legislative purpose presumptively valid Fruits of special needs searches admissible in criminal prosecution - plain view

    6. Reasonableness Balancing Special government needs v. individual privacy interest (efficacy; less intrusive alternatives) Degree of individual interest (intrusiveness of search/seizure; pervasive regulation) Limitations on discretion to protect against pretextual searches/seizures

    7. Recognized “Special Needs” Health and Safety Inspections Pervasively regulated industries Drug testing Probationers and parolees Customs and Border Patrol searches Roadblocks Inventory Searches

    8. Problem 4-15 Health and safety or pervasively regulated business? If former, “administrative warrant” If latter, limitations on time, place, scope

    9. Drug Testing High school students (Vernonia School District v. Acton; Bd of Ed v. Earls)(NJ v. TLO) Employees in safety-sensitive business (Skinner v. Railway LEA; Natl Treasury Employees v. Von Raab) Other adults (Chandler v. Miller; Ferguson v. Charleston)

    10. Customs and Border Patrol Suspicionless stops/inspections permissible in fixed locations at borders or functional equivalent (US v. Flores-Montano) Reasonable suspicion justifies further detention and search (US v. Montoya de Hernandez) Mail may be opened (US v. Ramsey)

    11. Roadblocks Case-by-case analysis Permissible where primary purpose is regulatory, non-criminal (IN v. Edmond) Balancing involves 1) gravity of public concerns; 2) efficacy of procedure; 3) severity of intrusion (Brown v. TX) “Information-seeking” roadblock permissible (IL v. Lidster)

    12. Problem 4-20 Was the roadblock due to “special needs”? RS to stop matching trucks? What additional information would justify search of truck and passengers?

    13. Next time: Racism and Cultural factors pp. 420-453 Terrorism, Surveillance, etc. 461-468

More Related