Search results
Results from the WOW.Com Content Network
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.
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 ...
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.
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
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
A screenshot from dash camera video show Illinois State Police searching the car of Lamar Bell during a traffic stop Sunday, July 16, 2023, in Rockford.
During the course of a search an officer may develop reasonable suspicion or probable cause; once this has been developed the individual loses the right to revoke consent. However, in United States v. Fuentes (1997), the court found the "[m]ere refusal to consent to a stop or search does not give rise to reasonable suspicion or probable cause."