Kaulapi World

1) Who can be ordered out of an automobile, and why? The driver, and any other occupants at the time of arrest.

2) Who can be searched, and why? With probable cause, anyone in the car can be searched for weapons based on the automobile search exception under Terry, provided the arrest was lawful.

3) What area can be searched, and why? Compartments, closed containers With probable cause, anything in plain view, subsequent to a lawful arrest, and the officer have probable cause that a crime had been committed, and that the objects seized in plain view had some relationship to the crime.

4) What legal analysis is applicable to answering these questions? First, whether there was probable cause that a crime had been committed for the warrant-less arrest to occur. Secondly, whether the warrant-less arrest was lawful. If it was an unlawful arrest, then anything seized is considered fruits of the poisonous tree, and therefore should be excluded, even if there were exigent circumstances, or if the items were in plain view, or if it fell under the automobile exception. Third, if the arrest was lawful, and based on probable cause, then the search and seizure is considered unconstitutional unless if fits under one of the exceptions?

Exception 1) What was the expectation of privacy? (Lower expectation of privacy with automobile on a public street rather than in a home). Exception 2) If the arrest was lawful, and there was probable cause, then you need to determine whether the search and seizure falls under one of the exceptions – Whether there were exigent circumstances present to justify a warrant-less search of the person. Exigent circumstances include whether the arrest was made after following suspect in hot pursuit, in the process of looking for weapons, or under the concern of imminent destruction of evidence.