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What are elements of a plain view exception to the warrant requirement?
To see something in plain view that could or is related to a crime such as clip gun or any weapons of such.
What is the automobile exception to the search warrant requirement?
Under the doctrine established by Carroll v. United States 267 U.S. 132 (1925), a law enforcement officers with sufficient probable cause to obtain a warrant to search a motor vehicle may search as if he had the warrant. The exception is granted because of the mobile nature of motor vehicles and the likelihood that the vehicle would not be available by the time the warrant was obtained. There are numerous modifications and refinements of the Carroll Doctrine, as the decision was handed down 86 years ago.
Does the 4th Amendment guard against the search of your vehicle?
Yes. However, your car has a lower expectation of privacy attached to it than your home. As a result, the police may be able to search your car immediately under an exception to the warrant requirement if they have probable cause, rather than having to get a search warrant from a judge.
If the police were chasing someone and they ran in you house does the police have to right to chase them into your home?
yes, its called the hot pursuit exception to the search warrant requirement. If you committed a crime and they are immediately behind you, they can follow you in. This does however vary from department to department depending on their policies and procedures.
A Border Search is an exception to the warrant requirement Do you agree with this tactic Why or why not?
Absolutely!!! It is called helping to secure our borders and country!!! Would you want a vehicle full of explosives intercepted at the border because of a warantless border search or would you rather have it make it through and to its target because the customs agents did not have sufficient probable cause to search the vehicle or enough information to obtain a search warrant?
Can you pay a warrant off?
No, but you can turn yourself in and pay the bail. Exception: if the warrant is for failure to appear on a traffic offense, you can generally pay off the fines and the warrant will be recalled.
Schrember v California is associated with which exception to the search warrant requirement?
The defendant tried to claim his blood was unconstitutionally 'seized' when the hospital did a blood draw on him pursuant to his arrest for DUI. The case went to the US Supreme Court where it ruled that the blood draw did not violate his right against unlawful search and seizure.
A seizure may result when there is submission to a show of lawful authority?
A seizure results when police or any government agents take evidence as the result of a search. Such evidence is not limited to tangible items. It includes any statements made as a result of the search. The 4th Amendment to the constitution protects individuals from unreasonable searches and seizures by the government. A search or seizure is unreasonable if it is conducted without a warrant or a recognized exception to the warrant requirement. The vast majority of searches and seizures conducted by law enforcement every day are done without a warrant. To be valid, therefore, law enforcement must have a valid exception for the search and/or seizure to be valid. Consent is a valid exception to the warrant requirement. It is one of the most frequently cited exceptions used by law enforcement to justify a warrantless search/seizure. For consent to be a valid exception, it must be freely, intelligently and voluntarily given. This is where the exception most frequently fails. Most so-called "consents" are actually submissions to a show of lawful authority. Such a submission does not constitute valid consent because it is not freely and voluntarily given. Submission to a show of lawful authority occurs when law enforcement gets you to "agree" to a search or seizure by acting as if you have no right to refuse it. An example would be if they have handcuffed you and put you in a police car and then say something like "we're going to search your car." of even "can we search your car?" and you answer "O.K." Under those circumstances (in handcuffs, detained in a police car), you reasonably believed that you had no right to refuse a search. Therefore, when you said "O.K." you were merely submitting to law enforcement's assertion of lawful authority. You were not giving free, voluntary consent to relinquish your Fourth Amendment rights. Therefore, your expression of agreement is not a valid exception to the warrant requirement and any search and seizure conducted by law enforcement is illegal.
Should you be interviewed by a police officer before being picked on warrant?
If the question is whether the police need to speak with you or interview you prior to arresting you on a warrant, the answer is no. If it was a requirement that they speak with you, anyone could avoid being arrested on a warrant simply be refusing to speak with the police. Police have an obligation to make sure they are serving the correct person (i.e. - the person named on the warrant) and to do so they will often ask questions first. If they already have a warrant for your arrest, that means that a judge already decided there was probable cause to believe you committed a crime. You might be interviewed after the arrest but if they have probable cause already there is no requirement for them to interview you prior to serving a valid warrant.
What if the search warrant is not executed in 10 days?
Although an "open" serve would be unusual, unless the service time of the warrant was specifically time limited, there is no requirement that a warrant be acted upon within so many days of issuance. Sometimes, situations and events must coincide in order for the warrant to be served and obtain effective results.
Does a rifle needs to be registered?
That depends on the state where you reside. In most states, there is no requirement for registration of firearms, and there in no national requirement with the exception of National Firearm Act weapons, such a machine guns.
If you no longer own the car do you have to pay the parking ticket?
yes, unfortunately, you do. The exception is that you will eventually have a warrant out for you. Jail time is the other option.
