School officials need not obtain a warrant before searching a student. The legality of the search depends on the reasonableness, under all circumstances, of the search. New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720 (1985).
When officers were entitled to seize packages in a vehicle and could have searched them immediately without a warrant, a warrantless search of the packages three days later was reasonable. United States v. Johns, 469 U.S. 478, 105 S. Ct. 881, 83 L. Ed. 2d 890 (1985).
The vehicle exception for warrantless searches applies to motor homes. California v. Carney, 471 U.S. 386, 105 S. Ct. 2066, 85 L. Ed. 2d 406 (1985).
The good faith exception to the exclusionary rule applies when an officer reasonably relies upon a statute allowing a warrantless administrative search that was subsequently ruled unconstitutional. Illinois v. Krull, 480 U.S. 340, 107 S. Ct. 1160, 94 L. Ed. 2d 364 (1987).
A protective sweep of a residence in conjunction with an arrest is permissible if police reasonably believe that the area harbors an individual posing a danger to officers or others. Maryland v. Buie, 494 U.S. 325, 110 S. Ct. 1093, 108 L. Ed. 2d 276 (1990).
Inadvertence is not a necessary condition to a “plain view” seizure. Horton v. California, 496 U.S. 128, 110 S. Ct. 2301, 110 L. Ed. 2d 112 (1990).
For a seizure of a person to occur, there must either be an application of force, however slight, or when force is absent, submission to an officer’s “show of authority.” California v. Hodari D., 499 U.S. 621, 111 S. Ct. 1547, 113 L. Ed. 2d 690 (1991).
A determination of probable cause made within 48 hours of a warrantless arrest generally meets the promptness requirement. If a hearing is held more than 48 hours following the arrest, the burden shifts to the government to demonstrate an emergency or extraordinary circumstances. County of Riverside v. McLaughlin, 500 U.S. 44, 111 S. Ct. 1661, 114 L. Ed. 2d 49 (1991).
There shall be one rule governing all automobile searches. The police may search the car and all containers within it without a warrant when they have probable cause to believe contraband or evidence is contained in either. California v. Acevedo, 500 U.S. 565, 111 S. Ct. 1982, 114 L. Ed. 2d 619 (1991).
If during a lawful weapons pat down an officer feels an object whose contours or mass makes its identity immediately apparent, there has been no invasion of privacy beyond that already authorized. Minnesota v. Dickerson, 508 U.S. 366, 113 S. Ct. 2130, 124 L. Ed. 2d 334 (1993).
An officer making a traffic stop may order passengers to get out of the vehicle pending the completion of the stop. Maryland v. Wilson, 519 U.S. 408, 117 S. Ct. 882, 137 L. Ed. 2d 41 (1997).
Persons observed through a window in a home where they were not overnight guests but were present for a short period to engage in a primarily commercial illegal drug transaction, had no expectation of privacy in the home and the observation of those persons was not a constitutionally prohibited search. Minnesota v. Carter, 525 U.S. 83, 119 S. Ct. 469, 142 L. Ed. 2d 373 (1998).
The issuance of a traffic citation without an arrest did not authorize a full search of the vehicle. Knowles v. Iowa, 525 U.S. 113, 119 S. Ct. 484, 142 L. Ed. 2d 492 (1998).
When there is probable cause to search a vehicle for contraband, officers may examine containers in the vehicle without a showing of individualized probable cause for each container. The container may be searched whether or not its owner is present as a passenger, or otherwise, because it may contain contraband that the officers reasonably believe is in the car. Wyoming v. Houghton, 526 U.S. 295, 119 S. Ct. 1297, 143 L. Ed. 2d 408 (1999).
Police need not obtain a warrant before seizing an automobile from a public place when there is probable cause to believe that the vehicle is forfeitable contraband. Florida v. White, 526 U.S. 559, 119 S. Ct. 1555, 143 L. Ed. 2d 748 (1999).
The exception to the requirement of a warrant for automobiles does not require a separate finding of exigency, in addition to a finding of probable cause. Maryland v. Dyson, 527 U.S. 465, 119 S. Ct. 2013, 144 L. Ed. 2d 442 (1999).
When there is probable cause to search a motor vehicle, the search is not unreasonable if the search is based on facts that would justify the issuance of a warrant, although a warrant was not obtained. No separate finding of exigent circumstances is required. Maryland v. Dyson, 527 U.S. 465, 119 S. Ct. 2013, 144 L. Ed. 2d 442 (1999).
There is no murder scene exception to the warrant requirement. Flippo v. West Virginia, 528 U.S. 11, 120 S. Ct. 7, 145 L. Ed. 2d 16 (1999).
Nervous, evasive behavior is a pertinent factor in determining reasonable suspicion. Headlong flight is the consummate act of evasion. Illinois v. Wardlow, 528 U.S. 119, 120 S. Ct. 673, 145 L. Ed. 2d 570 (2000).
An anonymous tip that a person is carrying a gun, without more, is insufficient to justify a police officer’s stop and frisk of a person. The tip must bear indicia of reliability. Reasonable suspicion requires that a tip be reliable in its assertion of criminal activity, not just in its tendency to identify a person. Florida v. J.L., 529 U.S. 266, 120 S. Ct. 1375, 146 L. Ed. 2d 254 (2000).
Stopping vehicles at highway checkpoints without any individualized suspicion to interdict illegal drugs was an unreasonable seizure under the 4th amendment because the primary purpose was to uncover evidence of ordinary criminal wrongdoing, unlike checkpoints to check for drunk driving or illegal immigrants. City of Indianapolis v. Edmond, 531 U.S. 32, 121 S. Ct. 447, 148 L. Ed. 2d 333 (2000).
The police acted reasonably when, with probable cause to believe that the defendant had hidden drugs in his home, they prevented the man from entering the home for about two hours until a search warrant could be obtained. Illinois v. McArthur, 531 U.S. 326, 121 S. Ct. 946, 148 L. Ed. 2d 838 (2001).
A state hospital could not test maternity patients for cocaine and then turn the results over to law enforcement authorities without patient consent. The interest of using the threat of criminal sanctions to deter pregnant women from using cocaine does not justify a departure from the rule that a nonconsensual search is unconstitutional if not authorized by a warrant. Ferguson v. City of Charleston, 532 U.S. 67, 121 S. Ct. 1281, 149 L. Ed. 2d 205 (2001).
If an officer has probable cause to believe a person has committed even a very minor criminal offense that does not breach the peace, the officer may, without violating the 4th amendment, arrest the offender without the need to balance the circumstances involved in the particular situation. Atwater v. City of Lago Vista, 532 U.S. 318, 121 S. Ct. 1536, 149 L. Ed. 2d 549 (2001).
Obtaining, by sense-enhancing technology like infrared imaging, information regarding the interior of a home that could otherwise not be obtained without physical intrusion into a constitutionally protected area is a search presumptively unreasonable without a warrant. Kyllo v. United States, 533 U.S. 27, 121 S. Ct. 2038, 150 L. Ed. 2d 94 (2001).
A warrantless search of a probationer’s residence founded on reasonable suspicion of criminal activity and authorized as a condition of probation was reasonable. Such a search is not restricted to monitoring whether the probationer is complying with probation restrictions. United States v. Knights, 534 U.S. 112, 122 S. Ct. 587, 151 L. Ed. 2d 497 (2001).
Police officers may approach bus riders at random to ask questions and to request consent to search luggage without advising the passengers of their right to not cooperate. United States v. Drayton, 536 U.S. 194, 122 S. Ct. 2105, 153 L. Ed. 2d 242 (2002).
A school district policy of requiring all participants in competitive extracurricular activities to submit to drug testing was a reasonable means of furthering the district’s interest in preventing drug use among students and was not an unreasonable search. Board of Education of Independent School District No. 92 v. Earls, 536 U.S. 822, 122 S. Ct. 2559, 153 L. Ed. 2d 735 (2002).
A highway checkpoint where police stopped motorists to ask them for information about a recent hit-and-run was reasonable. The arrest of a drunk driver arrested when his vehicle swerved nearly hitting an officer at the checkpoint was constitutional. Illinois v. Lidster, 540 U.S. 419, 124 S. Ct. 885, 157 L. Ed. 2d 843 (2004).