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United States, 389 U.S. 347 (1967) Justice Harlan issued a concurring opinion articulating the two-prong test later adopted by the U.S. Supreme Court as the test for determining whether a police or government search is subject to the limitations of the Fourth Amendment:
The Fourth Amendment prohibits “unreasonable search and seizure,” which means police cannot search a person or their property without a warrant or probable cause.
John F Onion Jr and Warren E White, "Texas Code of Criminal Procedure: Its 1965 & 1967 changes affecting Corporation Courts and Police Practices" (1968) 10 South Texas Law Journal 92 Gary A Udashen and Barry Sorrels, "Criminal Procedure: Confession, Search and Seizure" (1991) 45 Southwestern Law Journal 263 (No 1, Summer 1991) (Annual Survey of ...
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.
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 ...
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.
Some attorneys and civil liberties advocates emphasize that in an illegal search, even if cops acted in good faith with a warrant, the result is the same: someone’s rights are violated.
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 ...