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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 ...
Emergency aid doctrine is an exception to the Fourth Amendment, allowing warrantless entry to premises if exigent circumstances make it necessary. [8] A number of exceptions are classified under the general heading of criminal enforcement: where evidence of a suspected crime is in danger of being lost; where the police officers are in hot pursuit; where there is a probability that a suspect ...
A warrant is needed for most search and seizure activities, but the Court has carved out a series of exceptions for consent searches, motor vehicle searches, evidence in plain view, exigent circumstances, border searches, and other situations. The exclusionary rule is one way the amendment is enforced. Established in Weeks 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.
Plain view: evidence is in the plain view of law enforcement officers, from a lawful vantage point (with similar exceptions that include plain smell, where the officer detects an odor that clearly indicates the presence of contraband or criminal activity).
The Fourth Amendment requires searches and seizures be reasonable. The Court has held a search or seizure without a warrant presumptively unreasonable. However, there are many exceptions to the warrant requirement, including exigent circumstances, search incident to arrest, consent search, plain view, automobile exception, and border search exception.
Coolidge v. New Hampshire, 403 U.S. 443 (1971), was a United States Supreme Court case dealing with the Fourth Amendment and the automobile exception.. The state sought to justify the search of a car owned by Edward Coolidge, suspected of killing 14-year-old Pamela Mason in January 1964, on three theories: automobile exception, search incident to arrest and plain view.
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...