Unless permission is given for a search then a warrant is required unless exigent circumstances exist (life or death), in which case a warrant is not necessary.
General searches are unconstitutional and never legal. This stems from Marron V. United States (1927). In this case the court required that all warrants will particularly describe the things to be seized; nothing is left to the discretion of the officer executing the warrant. This case makes it impossible for general searches to be legal.
Protection from the Federal Government :)
Vehicle searches DO require warrants unless law enforcemnt was granted permission by the operator or the owner to conduct a search of the interior of the vehicle. Also, because of the nature of vehicles - the police ARE permitted to safeguard themselves by conducting a scan of the interior of the vehicle with a particular emphasis on areas that are within reach of the occupants.
Lee Paikin has written: 'The issuance of search warrants' -- subject(s): Warrants (Law), Searches and seizures, Canada
Protection?
When the government wants to search a person or place.
The fourth amendment to the US Constitution protects legal rights of citizens. It states that citizens cannot be subject to unreasonable searches for their papers and protects their privacy. Also no warrants can be issued for searches without probable cause.
U.S. Const., Amend. IV:"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."- proscribes unlawful searches and seizures- establishes probable cause requirement supporting the issuance of warrants- establishes particularity requirement as to the content of warrants
guards against unreasonable searches and seizures. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause
Yes, all you need to do is figure out what kind of a vehicle you have, then do searches on what tires this have a minimum required size of. Then figure out where you can go to buy them.
The fourth amendment to the US Constitution deals with the rights of citizens to have due process and requires warrants for searches. Judicial review is not really relevant to this amendment.
Warrants. they need to have them. it is a paper frome the police to have permission to go into your house and property