University:
University of Alabama
Course:
CJ 100 | Intro Criminal Justice
Academic year:

2022
Views:

480

Pages:

1
Author:

do3ran7ut

Checkpoints.  Warrant Exception.  Stopping a vehicle is a “seizure,” like a Terry stop, and thus generally requires at least reasonable suspicion of illegality (e.g. Delaware v. Prouse).  However, police may stop cars at checkpoints, without reasonable suspicion, if the “primary purpose” of checkpoint is not general crime control (e.g. finding narcotics) (Edmond), but rather certain “special needs” such as policing the border or ensuring roadway safety by combating drink driving (Martinez-Fuerte; Sitz)— or where the police are not seeking evidence that stopped drivers committed crimes (Lidster).  Warrant Exception: Protective Sweeps. o When the police lawfully arrest someone, the police do not require a warrant or any suspicion to search (1) the arrested person and (2) the area within the arrestee’s immediate control (the “lunging” area) (Chimel). o In addition, even if the arrest is in a home, the police may conduct a protective sweep of “places in which a person may be hiding”:  They may, without a warrant or any suspicion, “look in the closets and other spaces immediately adjoining the place of arrest from which an attack could immediately be launched.”  And beyond that, they may conduct a cursory, warrantless sweep based on reasonable suspicion “that the area swept harbored an individual posing a danger to the officer or others” (Maryland v. Buie).