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What did the USSC hold in Chimel vs California regarding warrantless searches that are incident to a lawful arrest?
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When is an arrest warrant served?
(Answer is applicable to the USA only): A warrantless arrest is never served. A warrantless arrest is performed. Following the warrantless arrest, the arresting individual (typically) or authority is required (usually) to provide the courts with a warrantless arrest affidavit wherein the person making the arrest articulates the probable cause for the arrest, which then is submitted to a judge for review. The arrested person will already be in jail or otherwise in custody (and possibly even bonded out), before the signed warrantless arrest affidavit becomes available to the arrested person.
Searches fall into what two broad categories?
warrant and warrantless searches
What is the 4rth amendment?
It prohibits warrantless searches and seizures.
Are warrantless searches okay if the person being searched consents?
Yes.
What did the Foreign Intelligence Surveillance Act allow the government to do?
Conduct warrantless searches in the interest of national security
Are warrantless searches pervasive?
(in the US) As much as some activist parties would like you to believe they are - they are NOT. The chief reason being that anything discovered during a warrantless search is not admissible in court and is therefore worthless as evidence.
List and explain four situations in which the US Supreme Court has ruled that a warrantless search is justified?
Warrantless searches can be performed when consent is given or there are exigent circumstances. An exigent circumstance is if the police feel that someone's safety is at risk or criminal activity is ongoing. Two other conditions are the plain view doctrine and incidental searches.
The scope of a valid warrantless vehicle search is limitless?
The scope of a valid warrantless vehicle search is not limitless. It is generally limited to areas within the immediate control or reach of the driver, where there is a reasonable belief that evidence of a crime may be found. Searches that go beyond these limitations may be considered unreasonable and violate the Fourth Amendment protection against unreasonable searches and seizures.
What duty does the government have that allows it to conduct warrantless searches and seizures according to John Yoo's letter?
To protect its citizens from terrorist attacks
According to John yoo’s letter what duty does the government have that allows it to conduct warrantless searches and seizures?
To protect its citizens from terrorist attacks
The forth amendment regarding unreasonable searches and seizures is found in which source of law?
The fourth amendment regarding unreasonable searches and seizures is found in which source of law?
What does Carroll vr US allow?
United States, 267 U.S. 132 (1925), was a decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the automobile exception. The case has also been cited as widening the scope of warrantless search.
