Exceptions to the Warrant Requirement CRJ 335 Colorado State University-Global Campus Module 6

Six Major Exceptions Search incident to a lawful arrest Automobile exception Plain view Consent Stop and frisk Emergences: hot pursuit; evanescent evidence

Search Incident to a Lawful Arrest Police may search the person and areas into which she might reach to obtain a weapon or destroy evidence, so long as the arrest is lawful. Police may also make a protective sweep of the area if accomplices are believed to be present.

Automobile Exception Police may search entire vehicle and any container that may reasonable contain the item for which they had probable cause to search. Must have probable cause to believe the vehicle contains fruits, instrumentalities or other evidence of the crime.

Plain View Police may make a warrantless seizure when they are: Legitimately on the premises; Discover evidence of the crime; See the evidence in plain view; and Have probable cause to believe the item is evidence of a crime.

Consent A warrantless search is valid if the police have a voluntary and intelligent consent.

Stop and Frisk Police may stop a person is they have reasonable suspicion of criminal activity. Police may do a pat down of outer clothing if the officer reasonably bellieves the person is armed and dangerous.

Emergencies: Hot Pursuit; Evanescent Evidence Police in hot pursuit of a fleeing felon may make a warrantless search. Police may make a warrantly seizure of evidence that is likely to disappear before a warrant can be obtained (evanescent evidence)

Review To review, the six major categories of exceptions to the warrant requirement include: Search incident to a lawful arrest Automobile exception Plain view Consent Stop and frisk Emergences: hot pursuit; evanescent evidence