Other
types
of
searches:
Arrests
justify
searches
of
the
arrestee's
person
and
the
area
within
his
immediate
control,
and
Buie
sweeps
allow
checks
of
adjoining
rooms.
Police
may
search
a
vehicle
incident
to
arrest
if
it
is
within
the
arrestee's
grab
area
at
the
time
of
arrest;
it
is
reasonable
to
believe
the
vehicle
contains
evidence
of
the
offense
of
arrest;
or
they
impound
it
and
inventory
search.
Does
the
defendant
have
a
subjective
expectation
of
privacy?
Was
it
a
search?
AND
Is
society
willing
to
recognize
that
expectation
as
reasonable?
OfCicer
may
frisk
a
(justiCiably)
Terry-stopped
individual
if
he
has
articulable
facts
that
lead
to
a
reasonable
inference
that
his
safety
is
in
jeopardy,
and
only
for
weapons.
Vehicles
can
be
frisked.
Special
needs,
if
the
government
interests
outweigh
the
privacy
intrusion.
Checkpoints
require
a
special
programmatic
purpose.
Consent
to
search
must
be
voluntary,
cops
must
be
reasonable
in
their
belief
of
common-authority
and
cannot
search
over
a
dissenting
party's
wish.
If
YES:
Was
there
a
warrant?
If
NO:
This
is
not
a
search.
Remember
dog
sniffs,
open
Cield
or
outside-curtilage
observation,
knowing
exposure
to
the
public.
If
NO:
Were
the
facts
and
circumstances
within
the
ofCicer's
knowledge
and
of
which
they
had
reasonably
trustworthy
information
sufCicient
in
themselves
to
warrant
a
man
of
reasonable
caution
in
the
belief
that
contraband
or
evidence
of
a
crime
will
be
found
in
a
particular
place?
AND
Did
the
ofCicer
reasonably
suspect
the
presence
of
exigent
circumstances
such
that
the
needs
of
law
enforcement
made
the
warrantless
search
objectively
reasonable?
If
YES:
Given
all
the
circumstances
set
forth
in
the
afCidavit
including
those
within
the
ofCicer's
knowledge
and
those
based
on
information
from
a
CI
with
veracity
and
a
known
basis
of
knowledge
is
there
a
fair
probability
that
contraband
or
evidence
of
a
crime
will
be
found
in
a
particular
place?
OfCicer
safety
Destruction
of
evidence
Emergency
aid
does
not
require
PC:
Fire
prevention
Prevention
of
ongoing
violence
Searching
for
old
people
who
might
have
died
The
traditional
warrant
requirement
is
unsuited
to
the
search
of
an
automobile:
The
police
may
search
an
automobile
and
the
containers
within
it
where
they
have
PC
to
believe
contraband
or
evidence
is
contained.
With
PC
for
the
car,
it
is
permissible
to
inspect
passenger's
belongings
found
in
the
car
that
are
capable
of
concealing
the
object
of
the
search.
If
the
warrant
was
based
on
something
untrue,
did
the
afCidavit
include
perjured
or
recklessly
false
statements,
or
merely
negligent,
innocent
falsehoods?
Was
the
location
particular
enough
to
permit
an
ofCicer,
with
reasonable
effort,
to
ascertain
and
identify
the
place
intended?
For
warrantless
searches,
PC
is
reviewed
de
novo
on
appeal,
using
a
clear
error
standard
for
Cindings
of
historical
fct
and
giving
due
weight
to
inferences
drawn
from
those
facts
by
resident
judges
and
law
enforcement
ofCicers.
As
long
as
the
afCidavit
is
not
based
on
lies
or
misrepresentations,
ofCicers
acting
on
facially
valid
warrants
will
not
have
their
evidence
excluded
if
the
afCidavit
turns
out
to
be
less
than
PC.
If
YES
and
they
still
search
the
wrong
place,
the
ofCicer's
failure
to
realize
its
overbreadth
must
have
been
reasonable.
