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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 ...
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]
Michigan Dept. of State Police v. Sitz, 496 U.S. 444 (1990), was a United States Supreme Court case involving the constitutionality of police sobriety checkpoints.The Court held 6-3 that these checkpoints met the Fourth Amendment standard of "reasonable search and seizure."
Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
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 ...
Murray v. United States, 487 U.S. 533 (1988), was a United States Supreme Court decision that created the modern "independent source doctrine" exception to the exclusionary rule. The exclusionary rule makes most evidence gathered through violations of the Fourth Amendment to the United States Constitution inadmissible in criminal trials as ...
Kyllo v. United States, 533 U.S. 27 (2001), was a decision by the Supreme Court of the United States in which the court ruled that the use of thermal imaging devices to monitor heat radiation in or around a person's home, even if conducted from a public vantage point, is unconstitutional without a search warrant. [1]
Smith v. Maryland, 442 U.S. 735 (1979), was a Supreme Court case holding that the installation and use of a pen register by the police to obtain information on a suspect's telephone calls was not a "search" within the meaning of the Fourth Amendment to the United States Constitution, and hence no search warrant was required.