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In this case, where federal agents had probable cause to search a hotel room but did not obtain a warrant, the Court declared the search was "unreasonable." [1] Johnson is commonly cited for the proposition that the Fourth Amendment creates a "warrant requirement" for searches, and warrantless searches are "per se unreasonable."
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 ...
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.
Payton v. New York, 445 U.S. 573 (1980), was a United States Supreme Court case concerning warrantless entry into a private home in order to make a felony arrest.The Court struck down a New York statute providing for such warrantless entries because the Fourth Amendment draws a firm line at the entrance to the house.
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.
Steagald v. United States, 451 U.S. 204 (1981), is a United States Supreme Court case which held that, based on the Fourth Amendment, a police officer may not conduct a warrantless search of a third party's home in an attempt to apprehend the subject of an arrest warrant, absent consent or exigent circumstances.
The defendant had argued that anticipatory warrants in general violated the Fourth Amendment's requirement that "no Warrants shall issue, but upon probable cause," because the anticipated probable cause does not exist at the time of the warrant's issuance. The Court first noted that the courts of appeals had unanimously rejected this argument ...