01:202:205 Lecture Notes - Lecture 6: Hot Pursuit, Affidavit, Amen
20 Aug 2018
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Crime control cant be accomplished without searches. Functions of searches incident to arrest: protect officers, prevent escape, preserve evidence. The robinson rule: bright line rule allows officers to search anyone they can take into custody for safety of officers in car. If they have a hunch they can find evidence of a crime on a person: rule: officers have prob cause to arrest then search becomes valid. Vehicles searches incident to arrest: vehicle searches incident to arrest were commonplace under prior supreme court decisions (new york v belton, but searches, Consent searches: given permission to search person and belongings without warrant, must be voluntary, and can later be withdrawn. Amicus briefs: documents filed in appellate courts decisions by non litigation with strong interest in subject matter, pro victim group pushing for more limits on police. The voluntariness test of consent: govt must establish, knowledge of const rights in general, knowledge of the right to refuse consent.
