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What is the automobile exception to the search warrant requirement?
Wiki User
∙ 12y ago
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.
Wiki User
∙ 12y ago
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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.
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?
What doctrine allows police to search an automobile without a warrant if a delay might result in a loss of evidence?
Carroll Doctrine
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.
What are some exceptions to search warrants?
Actually, there are more like 6 exceptions to the warrant requirement. They are: (1)stop and frisk situation--also known as a terry stop (2)when the police have the consent of the individual or someone who also lives in the house (3)when the search involves an automobile (4)when the illegal item is in plain view and the police are on the property pursuant to a proper search warrant (5)when the search is incident to an arrest (6)and when there is an emergency type situation such as in hot pursuit of a suspect or there is the fear that the individual may destroy evidence before a search warrant can be obtained.
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.
Does an agency of the government have the legal right to search a person's home and take possessions without a search warrant?
Specifically WHAT agency of the government are you referring to? If they are doing so at the direction of a court order, yes. Otherwise they must have a valid search warrant. EXCEPTION: The Internal Revenue Service.
Can the cops search your room with a search warrant if you rent a room?
Unless you live in a country that does not reside under the U.N's jurisdiction then yes. But there are exception of course and loop holes in the law, for example if they have a tip off that there is a person in there kept against their will, they may enter.
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
Can police issue a new search warrant while exacuting a search warrant?
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
What is a search warrant for an urban premises?
Question makes no sense. A search warrant is a search warrant regardless of WHERE the premises is physically located.
