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Fernandez v. California, 571 U.S. 292 (2014), was a U.S. Supreme Court case that explored the limits of Georgia v. Randolph, a 2006 case that held that consent to search a dwelling is invalid in the presence of an objecting co-resident. [1]
Police are not required to conduct a search in a way that gives the individual an opportunity to revoke consent, as determined in United States v. Rich , where the U.S. Court of Appeals for the Fifth Circuit rejected the argument that "officials must conduct all searches in plain view of the suspect, and in a manner slowly enough that he may ...
Georgia v. Randolph, 547 U.S. 103 (2006), is a case in which the U.S. Supreme Court held that without a search warrant, police had no constitutional right to search a house where one resident consents to the search while another resident objects. The Court distinguished this case from the "co-occupant consent rule" established in United
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.
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]
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]
During such searches, the DEA Task Force Groups approach people at airports, ask for consent to speak with the person and, if the Special Agents or Task Force Officers think it warranted, ask for ...
Schneckloth v. Bustamonte, 412 U.S. 218 (1973), was a U.S. Supreme Court case that ruled that in a case involving a consent search, although knowledge of a right to refuse consent is a factor in determining whether a grant of consent to a search was voluntary, the state does not need to prove that the person who granted consent to search knew of the right to refuse consent under the Fourth ...