CLASS 9. REVIEW  Searches Incident to arrest Chimel approach: Case by Case/ Grab area Chimel approach: Case by Case/ Grab area Belton approach: Per se.

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Presentation transcript:

CLASS 9

REVIEW  Searches Incident to arrest Chimel approach: Case by Case/ Grab area Chimel approach: Case by Case/ Grab area Belton approach: Per se areas Belton approach: Per se areas

What if arrested outside of car?  Thorton v. U.S. (2004) Belton rule applies to “recent occupants” of cars Scalia concurrence: Reevaluate theory of these searches of

Knowles v. Iowa  Can officers search when the just issue a ticket and don’t arrest?[No] Does this encourage officers to do full arrest? Does this encourage officers to do full arrest? How will officers use their discretion? How will officers use their discretion?

Pretext stops  Whren v. United States (1996) Officers have discretion to stop anytime there is probable cause of traffic violations Officers have discretion to stop anytime there is probable cause of traffic violations Can lead to pretext stops Can lead to pretext stops Do NOT look at subjective intent of officer Do NOT look at subjective intent of officer

Impact of Pretext Stops?

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