A discussion of search and seizure and its exceptions to warrant requirement

Wilson If you have a reasonable suspicion that a person is armed and dangerous, you may conduct a pat-down search of the outer clothing for weapons.

A search incident to lawful arrest also applies to the search of a vehicle, specifically when officers arrest the occupants of a vehicle. The Fourth Amendment protects citizens from unreasonable government searches and seizures of their persons, houses, papers, and effects. When Is a Warrant Required.

The search of a person under arrest is subject to the areas under that person s immediate control Chimel v. Search Incident to Lawful Arrest A search incident to lawful arrest does not require issuance of a warrant.

Searches conducted without a warrant are "presumptively unreasonable" under both constitutions unless one of the well-established exceptions to the warrant exists Payton v. The people shall be secure in their persons, houses, papers and possessions from unreasonable searches or seizures; and no warrant to search any place, or to seize any person or things, shall issue without describing them as nearly as maybe, nor without probable cause supported by oath or affirmation.

As the police escort John out of his house, they search the area within his wingspan. It s important for the officer to articulate the probable cause factors leading the officer to believe the woman committed a crime and the search of the purse was incidental to the arrest.

Reasonable Expectation of Privacy Individuals receive no Fourth Amendment protection unless they can demonstrate that they have a reasonable expectation of privacy in the place that was searched or the property that was seized.

He then searches the duffel bag and discovers ammunition and several illegal hunting knives. Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

Exceptions to the Warrant Requirement

United States, U. For example, it makes little sense to require an officer to obtain a search warrant to seize contraband that is in plain view.

Search Warrant Exceptions

The officer doesn t have time to get a warrant, and there s an immediate risk of harm to the public that requires immediate official action. Officers cannot falsely assert that they have a search warrant or threaten to arrest a person for refusing to consent. The police would also have to show probable cause for believing that the items were contraband or stolen.

The first three exceptions, covered in this presentation, are search incident to a lawful arrest, consent and plain view. Officers must keep in mind that just because we re legally able to search without a warrant, it doesn t mean it s the wise thing to do. Buie Booking Search and Inventory The property worn or carried by a lawfully arrested person may be thoroughly examined at the place of detention.

Both the houseguest and the motor vehicle passenger must assert a property or possessory interest in the home or motor vehicle before a court will recognize any Fourth Amendment privacy interests such that would prevent a police officer from searching those places without first obtaining a warrant.

Freedom from unrestricted search warrants was critical to American colonists. To obtain a search warrant, a police officer must provide an account of information supporting probable cause to believe that evidence of a crime will be found in a particular place or places. Further, warrantless seizure of abandoned property, or of properties on an open field do not violate Fourth Amendment, because it is considered that having expectation of privacy right to an abandoned property or to properties on an open field is not reasonable.

For these reasons, the court has held that vehicles have a diminished expectation of privacy that allows warrantless searches based on two things: A temporary detention followed by a release on a written citation does not justify a search. However, a few lower federal courts have ruled that warrantless searches of public housing projects are unconstitutional, not withstanding the fact that residents of the public housings projects signed petitions supporting warrantless searches to rid their communities of drugs and weapons.

However, if you have PC to search a vehicle found on a highway, street, driveway, carport, parking lot, tow yard, or other area lawfully accessible to police, you may search any part of the vehicle and its contents and containers that might conceal the object of your search.

Meyers Officer Safety Limited search activities can be justified in the interest of officer safety. Link to this page: Age is also considered in legally defining consent.

Recently, however, this rationale was rejected by Morrissey v. Exceptions to Warrant Requirements. STUDY.

PLAY. Since this was a search w/o a warrant and not exception to the warrant requirement was applicable, the search was unconstitutional and the evidence is inadmissible.

Search and Seizure

is interested in an item of evidence and fully expects to find it in the course of a search should not invalidate its. SEARCH AND SEIZURE FOURTH AMENDMENT The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and suance of a warrant for the seizure of all of a person’s papers rath-er than only those alleged to be criminal in nature ‘‘contrary to the.

Since this was a search w/o a warrant and not exception to the warrant requirement was applicable, the search was unconstitutional and the evidence is inadmissible. For a discussion of the recognized exceptions to the warrant requirement see generally 2 W.

LAFAVE, SEARCH AND SEIZURE: A TREATISE ON THE FOURTH AMENDMENT §. Valid Searches and Seizures Without Warrants Exceptions to the warrant requirement are said to be ''jealously and carefully drawn,'' Jones v. United States, U.S.Under the exception for a search incident to arrest, an officer may conduct a warrantless.

Unless the fact-pattern fits one of the six exceptions discussed above, a warrant is required for police to conduct a search or seizure. Note that for Exception 1, search incident to a lawful arrest, and Exception 5, the automobile exception, although no warrant is required, there is a probable cause requirement.

A discussion of search and seizure and its exceptions to warrant requirement
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Exceptions to the Warrant Requirement - LawShelf Educational Media