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7 terms

Crim Pro Warrantless Exceptions Elements

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Consensual encounter
A consensual encounter does not trigger 4th amendment protection. Police may generally ask the individual questions, ask to examine ID and request consent to search as long as they do not convey a message that compliance with their request is required.

Did the consensual encounter lead to a detainment?
Was the detainment prolonged and led to an arrest?
Search incident to lawful arrest
-Lawful Arrest?

-Wingspan search?
Plain View Doctrine
-Lawfully on premises?

-Probable cause that evidence/instrumentalities of a crime?

-Plain view?
Consent
-Voluntarily?

-Intelligently?

-Coercion?
Automobile Exception
-Probable cause that car contains evidence of a crime or contraband?

-Reasonable to search in location (common sense application?
Stop and Frisk
-Stop
a. Reasonable articulable suspicion of criminal activity?

-Frisk
a. Reasonable belief the person is armed and dangerous?
b. Pat-down of outer clothing?
c. Manipulation during pat-down?
Hot Pursuit/Exigent Circumstances
-Fleeing Felon?

-Officer Safety involved?

-Exigent Circumstances?