Search?

Description

Criminal Procedure - 4th Amendment - Is it a search?
Ruh
Mind Map by Ruh, updated more than 1 year ago
Ruh
Created by Ruh about 11 years ago
17
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Resource summary

Search?

Annotations:

  • 1. Privacy? 2. Reasonable? OR 3. Trespass? Could label this as "seizure?" as well
  1. No

    Annotations:

    • -OPEN FIELDS -PLAIN VIEW -PLAIN SMELL
    1. Yes

      Annotations:

      • -home -curtilage -workplace -luggage (Totality of the Circumstances test)
      1. Reasonable?
        1. Was there probable cause?
          1. No
            1. Is there a PC exception?

              Annotations:

              • -Search of a person incident to a lawful arrest (limited exception)
              1. Search Incident to arrest?

                Annotations:

                • -Safety -Evidence
                1. Inventory
                  1. Stop & Frisk (Terry Search)

                    Annotations:

                    • ONLY COMES INTO PLAY IF THERE IS NO PROBABLE CAUSE
                2. Yes
                  1. Do we need/have a warrant?

                    Annotations:

                    • (preference)
                    1. Valid?
                      1. No
                        1. Warrant Exception?

                          Annotations:

                          • -Arrest in a public place -Exigent Circumstances        ->hospitalization -Search incident to arrest could be over here too -Automobile exception
                          1. Search incident to arrest?

                            Annotations:

                            • --Safety of office Preservation of evidence
                            1. Scope?

                              Annotations:

                              • Rabinowitz
                            2. Exigent circumstances
                              1. automobile exception
                                1. Exception: On curtilage
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