Search results
Results from the WOW.Com Content Network
The warrant requirement of the Fourth Amendment is not absolute, and a number of exceptions to that requirement have been recognized by the courts, based upon such factors as whether it is reasonable under the circumstances for officers to obtain a warrant, and whether evidence might be lost or destroyed before a warrant can be obtained.
Stanford v. Texas, 379 U.S. 476 (1965), is a major decision of the Supreme Court of the United States. It stated in clear terms that, pursuant to the Fourteenth Amendment, the Fourth Amendment rules regarding search and seizure applied to state governments. [1] While this principle had been outlined in other cases, such as Mapp v.
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
For premium support please call: 800-290-4726 more ways to reach us
Correction, March 28, 2024: This piece was updated to correct references to warrants obtained to conduct surveillance under Section 702. While warrants are needed under other parts of the FISA law ...
San Francisco Police searching a vehicle after a stop in 2008.. The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.
Fourth Amendment rights and religious freedom were key arguments in the legal battle between the Texas AG and El Paso's Annunciation House.
This meant that the plain view doctrine did not apply, and the officers needed a warrant. The evidence of the stolen record player could not be used against the defendant because of the exclusionary rule, which is the remedy available when evidence is obtained in violation of the Fourth Amendment. [16]