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San Francisco Police searching a vehicle after a stop in 2008. The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.
And in any state, police do not always follow the law, DO NOT TALK TO POLICE. Anything you say can and will be used against you. If you fear that your name may be incriminating, you can claim the right to remain silent, and if you are arrested, this may help you later. Giving a false name could be a crime. [59]
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.
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.
Evidence can still be suppressed if an officer lied in the application or if the warrant was so lacking that a reasonably trained officer would know the judge was wrong.
Ovieda, the court ruled that police can search your cell phone only under “exigent circumstances.” The California Supreme Court ruled officers cannot perform a search without a warrant if ...
When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur ...
The three main categories of searches are a search of a house, automobile or pedestrian. In the case of an automobile, it is assumed the officer has already seized the car and the encounter is a Terry stop. When an officer returns a driver's identification, the encounter has been transformed into a consensual encounter.