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.