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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.
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
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 ...
Using a cellphone — It is against the law in Texas to text and drive. Operating a smartphone, such as checking social media or emails, has been a no-no in the Lone Star State since 2017 .
However, if an officer is inside a suspect's home under an unrelated warrant, he or she may rely on the plain view doctrine, subject to the doctrine's other requirements. [17] In Arizona v. Hicks, the police officers were in the apartment under another exception to the warrant requirement, exigent circumstances. This qualified as a lawful entry ...
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.
Fourth Amendment rights and religious freedom were key arguments in the legal battle between the Texas AG and El Paso's Annunciation House.