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CP Lesson 9 – Remaining Searches and Considerations

CP Lesson 9 – Remaining Searches and Considerations. Consent Searches Search Incident To Arrest Protective Sweeps Emergency Exceptions Standing To Assert 4 th Amendment. Consent Searches. Express & Implied Voluntary and Intelligent Waiver

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CP Lesson 9 – Remaining Searches and Considerations

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  1. CP Lesson 9 – Remaining Searches and Considerations • Consent Searches • Search Incident To Arrest • Protective Sweeps • Emergency Exceptions • Standing To Assert 4th Amendment

  2. Consent Searches • Express & Implied • Voluntary and Intelligent Waiver • Ignorance alone not enough Schneckloth v. Bustamonte (1973) • Factors to be considered in determining: • Knowledge of right • Intelligence, age, and education • Whether suspect believed evidence to be found • How long detained and nature of questioning • Did police behave in coercive manner

  3. Scope of Search • Can be limited by suspect • Can be revoked by suspect • Consent can be implied – FL v. Jimeno (1991)(auto consent implies containers within the auto).

  4. Capacity To Consent • Generally, anyone w/ equal right to use property in question may consent • Only applies to common areas • Apparent authority to consent – IL v. Rodriguez (1990) • Mixed signals – GA v. Randolf (2006)

  5. Search Incident To Arrest • General Principles • Scope of Search • Area of Immediate Control – Chimel v. CA (1969) • Protective Sweeps – MD v. Buie (1990) • Automobile Arrests • NY v. Belton (1981) • Thornton v. US (2004)

  6. Emergency Exceptions • Rationale • Hot pursuit – Warden v. Hayden (1967) • Evanescent evidence – Welsh v. Wisconsin (1984) • Maintain safety of endangered persons – Brigham City.

  7. Standing to Assert 4th Amendment Rights • Civil justice comparison • Traditional rule vs. Katz idea • Rakas v. IL (1978) – Legitimate Expectation doctrine • House Guests • Minnesota v. Olsen (1990) – Overnight OK • Minnesota v. Carter (1998) – Reasons why it’s different (commercial, short term, etc.)

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