Government

Action

S or S

Consent

PC

RAS

No individualized suspicion

Warrant (Gates)

No Warrant

Stop & Frisk Protective Sweep2 (areas beyond immediately adjoining area Students (TLO) Has to be in public and in presence of the officer

Protective Sweep1 (immediately adjoining area) Fixed Border Checkpoint Sobriety Checkpoint Administrative Inspections Search Incident to Arrest

R E A S O N A B L E

Requirements: (1) Particularity (Andreson) degree of particularity is determined on a case-by-case basis (2) Affidavit under oath (3) Neutral magistrate (4) Scope of the execution of the warrant

Felony Arr est (Watson) Has to be in public

Misdemeanor Arrest (Atwater)

Exceptions (Warrantless searches & seizures)

Drug Testing Inventory Search

(1) Search incident to arrest (2) Exigencies a. Hot pursuit b. Destruction of evidence c. Emergencies (3) Automobile (4) Inventory searches (5) Consent searches (6) Plain view seizures

4th Amendment Analysis