American LawName______

Warrantless Searches/Seizures

1. Searches Incident to a Lawful Arrest:

#1: Didi is arrested outside of Starbucks for shoplifting. Without a warrant, the police search the backpack she is carrying.

#2: Didi is arrested outside of Starbucks for shoplifting. The police go to her home, a block away, and search her bedroom.

Which arrest/search situation is reasonable (legal) and which is unreasonable (illegal)? Why?

You need to write 2-4 sentences for your answer.

(After discussion with a partner, write your answers on your "Ch. 3 Warm-Up" sheet.)

2. Stop and Frisk:

#1: The police see Mark run out of a dark alley at 3 a.m. They stop him, ask him who he is and what he has been doing, and frisk his outer clothing. In doing so, the officers detect what feels like a large metal object in his coat pocket. The reach inside and pull out a gun.

#2: The police see Mark run out of a dark alley at 3 a.m. They stop and frisk him. In doing so, the officers detect what feels like a plastic bag in his coat pocket. they reach inside and pull out a small bag of marijuana.

#3: Police receive an anonymous telephone tip that Hunter, a juvenile unknown to officers, is carrying a handgun. The anonymous tipster describes Hunter and says he is at a bus stop. Police find Hunter at the bus stop, frisk him, and find a gun.

Which of the above situation(s) is/are reasonable (legal) and which is/are unreasonable (illegal)? Why?

You need to write 2-4 sentences for your answer.

After discussion with a partner, write your answers on your "Ch. 3 Warm-Up" sheet.)

3. Consent:

#1: Without a warrant, the police go to Meg's house and ask her parents if they can search her room for illegal drugs that they believe she has been selling at school. Meg's parents let the officers in to search.

#2: Mike and Mick are roommates in a two-bedroom apartment. The police go to their apartment and ask Mike to let them search Mick's bedroom and file cabinet. Mike consents to the search.

#3: The police stop Cole on the highway for driving with a broken brake light. They ask him to open his glove compartment. Cole opens it and the officers look inside.

Which of the above situation(s) is/are reasonable (legal) and which is/are unreasonable (illegal)? Why?

You need to write 2-4 sentences for your answer.

(After discussion with a partner, write your answers on your "Ch. 3 Warm-Up" sheet.)

4. Hot Pursuit:

#1: Mrs. Thackaberry reports that someone broke into her mailbox and stole her Social Security check. The police suspect Josie, a known robber of the elderly. They trail her for a few days and finally follow her into an apartment building where she often goes. The police knock o her door to #10B, but Josie won't let them in. The police kick down the door.

#2: The police see Josie knock down an old lady, hit her with a lead pipe, and take her purse. They chase Josie into a building about a mile away and see her run into apartment #10B. When she refuses to answer, the officers kick down the door.

Which of the above situation(s) is/are reasonable (legal) and which is/are unreasonable (illegal)? Why?

You need to write 2-4 sentences for your answer.

(After discussion with a partner, write your answers on your "Ch. 3 Warm-Up" sheet.)

5. Emergency Situations:

#1: An officer on the beat hears a woman's loud screams and the sound of shattering glass coming from a trailer home. He radios for help and then opens the front door to see what is happening.

#2: The police are concerned about gang violence at Bellevue High School. Three students have been killed already. The police hear that a fight between two rival gangs is supposed to take place on Friday. The day before, they ask the principal of Bellevue High School to assemble all students in the gym. Without a warrant, the officers then open all the lockers with a passkey and search for dangerous weapons.

Which of the above situation(s) is/are reasonable (legal) and which is/are unreasonable (illegal)? Why?

You need to write 2-4 sentences for your answer.

(After discussion with a partner, write your answers on your "Ch. 3 Warm-Up" sheet.)