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The Fourth Amendment has been held to mean that a search or an arrest generally requires a judicially sanctioned warrant, because the basic rule under the Fourth Amendment is that arrests and "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment ...
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.
Searches that are the product of consent are one of several recognized exceptions to the warrant requirement of the Fourth Amendment to the United States Constitution. The prosecution bears the burden of proving that consent was freely and voluntarily given. [ 2 ]
Getting a search warrant begins in a police department and ends with a specific, restricted list of items allowed to be seized on a specific property.
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. Common ...
The "special needs" exception is an exception to the Fourth Amendment’s general requirement that government searches be supported by a warrant and probable cause. [1] The exception applies when (1) the government conducts programmatic searches that are primarily aimed at advancing some special need other than criminal law enforcement, and (2) the government’s search program is reasonable ...
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]
This is known as the "automobile exception" to the Fourth Amendment's warrant requirement. The court's reasoning in Carroll v. United States was twofold: First, the "practical mobility" of an automobile made it impractical to take the time to get a search warrant from a magistrate, since in that time the vehicle could leave the jurisdiction.