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ThirdParty Consent

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Is there mutual use of the property? Joint access or control? A right of privacy the third-party cannot ... Must be 'substantially contemporaneous' with arrest ... – PowerPoint PPT presentation

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Title: ThirdParty Consent


1
Third-Party Consent Searches of Persons
2
Problems 204-205
  • Is there a valid consent in each case?
  • Is there mutual use of the property? Joint
    access or control?
  • A right of privacy the third-party cannot violate?

3
Apparent authority to consent
  • St. v. Maristanyfacts?
  • Did Green have authority to consent to search of
    Maristanys luggage?
  • Was his consent valid?

4
Rule?
  • If officer has a reasonable basis for believing
    person has authority to consent, then search is
    constitutional.
  • Reasonable basis in this case?
  • Is officer required to inquire as to ownership?

5
Searches of Persons
  • Searches Incident to Arrest
  • Exception to the warrant requirement
  • St. v. HufnagelFacts?
  • Search incident to arrest rule?
  • When making a lawful arrest, may search
    arrestees person area within immediate control

6
How broad is the area within immediate control?
  • lunging distance or wing-span
  • Take into account fact that person in handcuffs?
  • Hufnagel says no, but most states DO take into
    account fact person in handcuffs.

7
How is SIA different from Terry frisk?
  • Automatic right to search upon custodial arrest
  • Purpose of search is broadersearch for weapons
    and evidence of crime
  • Search is also broader in scope--persons pockets
    may be searched as well as surrounding area

8
Protective Sweeps
  • Besides area of immediate control, how much
    more of Hufnagels home could be searched?
  • Areas immediately adjoining room of arrest where
    persons might be hiding (automatic right)
  • Other areas of house where persons might be
    hiding, upon Reas. Susp.

9
Can officers search arrestees backpack?
  • Found 5 ft. from where he is sitting?
  • Three hours after arrest?
  • Must be substantially contemporaneous with
    arrest
  • But courts uphold searches done well after time
    of arrest

10
Strip Body Cavity Searches
  • In-class demonstration. Volunteers?
  • Youre arrested for reckless discharge of a gun.
  • Can you be strip searched in Arkansas?
  • Tennessee?
  • Washington? California?

11
People v. More
  • Facts?
  • Types of searches done on defs person?
  • SIA (done as a quick pat down)
  • Strip search
  • Extracting item from rectum (body cavity search)

12
Intrusions beyond bodys surface
  • Justification required?
  • clear indication evidence will be found
  • Exigent circumstances
  • If test is medical in nature,
  • must carry little risk or trauma
  • and be carried out by medical personnel

13
If there is clear indication exigency
  • Blood test by medical personnel?
  • Stomach pumping in hospital?
  • Forced administration of laxative?
  • Choke hold to prevent swallowing of evidence?
  • Choke hold pointing gun at suspects head to
    prevent swallowing?
  • Use of stun gun?

14
What suspicion is required?
  • to get saliva sample, voice exemplar, urine
    sample?
  • What if def. doesnt want to give samples?
  • What about hair samples?
  • X-rays?
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