Warrants & Exceptions

Day 2: The Core Requirements and the Categorical Bypass

The Valid Warrant

A search or seizure is generally unreasonable unless conducted pursuant to a valid warrant. To be constitutional, a warrant requires three specific components:

1. Probable Cause

A "fair probability" that contraband or evidence will be found. Based on the Totality of the Circumstances.

2. Neutral Magistrate

The warrant must be issued by a judicial officer who has no stake in the investigation (not a "rubber stamp").

3. Particularity

The warrant must specifically describe the place to be searched and the items to be seized. No "General Warrants."

Interactive: The Particularity Validator

Which of these warrants would be struck down for lack of particularity?

The Warrant Exceptions

Click each card to expand the legal rule and controlling case law.

Carroll / Acevedo

Automobile Exception

Rule: If police have Probable Cause that a vehicle contains contraband, they may search the entire vehicle and any container therein that could reasonably hold the object.

Rationale: Vehicles are mobile and have a reduced expectation of privacy.

Chimel / Gant

Search Incident to Arrest (SITA)

Rule: Police may search a person and their "wingspan" (immediate control) upon a lawful arrest.

Vehicle Context (Gant): Police can search the car only if the arrestee is unsecured AND within reaching distance, OR if it's reasonable to believe evidence of the arresting crime is in the car.

Horton v. California

Plain View

Requirements: 1. Officer is lawfully present. 2. Item is in plain view. 3. Incriminating nature is "immediately apparent."

Hot Pursuit

Exigent Circumstances

Triggers: 1. Hot pursuit of a fleeing felon. 2. Imminent destruction of evidence. 3. Emergency aid (saving a life).

Administrative

Inventory Search

Rule: When impounding a vehicle or booking a person, police can search to protect property and safety, provided they follow a standardized, non-investigative policy.

Day 2 Exam Simulation

Police arrest a driver for driving with a suspended license. The driver is handcuffed and placed in the back of the squad car. Can the police search the trunk of the car for drugs incident to the arrest?