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Federal search warrants may be prepared on Form AO 93, Search and Seizure Warrant. [13] Although the laws are broadly similar, each state has its own laws and rules of procedure governing the issuance of warrants. Search warrants are normally available to the public. On the other hand, they may be sealed if they contain sensitive information. [14]
One is the "Consent to Search" law which requires an officer to inform someone they have the right to deny a search and to make sure that person understands that right. The other is the "NYPD ID" law, which requires the officer, in certain situations, to hand out business cards with their name, rank, badge number and command.
Relevant exceptions to the Fourth Amendment's warrant requirement include "1) when consent to search has been given (Schneckloth v. Bustamonte, 1973), (2) when the information has been disclosed to a third party (United States v. Miller, 1976), and (3) when the information is in plain view of an officer (Horton v. California, 1990)". [22]
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.
Police can also search your phone with your consent. In Schneckloth v. Bustamonte, California ruled that law enforcement can search your phone without a warrant if you voluntarily agree to the search.
Illinois v. Rodriguez (1990) - search valid if police reasonably believe consent given by owner; Florida v. Bostick (1991) - not "free to leave" but "free to decline" on bus; Florida v. Jimeno (1991) - can request officer to limit scope of search; Ohio v. Robinette (1996) - do not have to inform motorist is free to go; United States v.
Dareton police search the vehicle of a suspected drug smuggler in Wentworth, in the state of New South Wales, Australia, near the border with Victoria.. Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and ...
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.