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A warrantless search not incident to an arrest may be justified under the Supreme Court's exigent-circumstances doctrine?
true
Who can do warrantless arrest?
police and law enforcement
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.
How performed warrantless arrest?
in your presence the person is actually committing, about to commit a felony
A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer is called?
Incident to an arrest
What is the fundamental difference between warrantless arrest for a felony verses misdemeanor?
In the manner of the way the actual arrest goes down, very little. The one major difference between arresting for a felony versus arresting for a misdemeanor, is that for a warrantless arrest of a misdemeanant the officer must have atually witnessed the misdmeanor offense take place in order to make the arrest. The only exception to this would be (in jurisdictions that have such offenses) there are certain so-called "Probable Cause Misdemeanors" for which an arrest can be made even if the officer didn't observe them take place.
What are the three essential components of an arrest warrant?
In order to make a warrantless arrest, a police officer must be given permission to enter or be in an emergency situation. In both instances, the officer must have sufficient probable cause to make the arrest.
What does the Carroll doctrine deal with?
The Carroll Doctrine deals with the warrantless search of automobiles by law enforcement agents. The U.S. Supreme Court upheld the automobile exception in the 1925 case Carroll v. United States.
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.
What did John Yoo say in his memo on warrantless surveillance?
it made warrantless surveillince necessary
What do the police used to arrest a suspect?
the police officers use the so called "miranda doctrine". . .
When Stopping a car for suspicion of not wearing a seat belt authorized by Texas legislation?
Stopping a vehicle that has broken no law but in only of a suspicion called a warrantless arrest is this not a violation of the 4th amendment. Is this Authorized by Legislation?
