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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 ...
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.
The Texas Constitution says: “The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to ...
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...
Article 14.01 of the Texas Code of Criminal Procedure states that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or ...
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 ...
Kansas Supreme Court Chief Justice Marla Luckert appears uncomfortable with how far federal courts have gone in allowing evidence from unconstitutional searches.
When a warrantless arrest occurs based on information provided by a confidential informant or anonymous source, for the arrest to be lawful, the police must establish that the information relied on in making the arrest meets the same two basic elements described above. At a post arraignment hearing the police must:
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