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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:
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.
Illinois v. Wardlow , 528 U.S. 119 (2000), is a case decided before the United States Supreme Court involving U.S. criminal procedure regarding searches and seizures . Background
In these cases, police have been confiscating phones to punish protestors." Michael Perloff, the lead attorney for the plaintiffs, agreed that the D.C. Circuit's decision could set an important ...
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. How do police get search warrants? Here's ...
It says the “right of the people to be secure in their persons and property against unreasonable searches and seizures shall be inviolate,” according to Section 15 of the Kansas Bill of Rights.
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 ...
Police are not required to conduct a search in a way that gives the individual an opportunity to revoke consent, as determined in United States v. Rich , where the U.S. Court of Appeals for the Fifth Circuit rejected the argument that "officials must conduct all searches in plain view of the suspect, and in a manner slowly enough that he may ...