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If according to the Supreme Court in a search incident to arrest where are the police permitted to search if they do not have a search warrant?
According to the Supreme Court, in a search incident to arrest, police are permitted to search the individual being arrested and the area within their immediate control. This includes any items or areas from which the person might gain access to weapons or evidence that could be destroyed. The rationale is to ensure officer safety and prevent the destruction of evidence. However, the scope of this search is limited to the immediate vicinity of the arrest.
What else can I help you with?
How long can the da wait to secure a warrant for a felony from the time of an incident?
No waiting: they can go straight to a judge and have a warrant issued.
Can a search warrant by issued by a local civil Supreme court?
ANY judge of ANY court can sign and authorize a search warrant.
When is a full search permitted without a warrant?
Yes. but they have to have probably cause to do so.
Should eavesdropping be permitted of all international phone calls without a warrant?
Is there any risk of abuse with eavesdropping
An officer's authority to detain occupants of a dwelling incident to the execution of a valid search warrant is?
Absolute and Unqualified
Which state of operation exists when no emergency incident is sufficient enough to warrant full EOC activation?
Normalcy
Which Supreme Court cases recognized the need for emergency searches without a warrant?
Warden v. Hayden
Can the US Supreme Court sentence someone who has an out of state warrant?
No. The US Supreme Court doesn't hold trials; they hear appeals. Sentences are imposed by the trial court.
The regulation that permitted the English to search colonial homes was?
The Writs of Assistance is what allowed the British to search the colonists' homes. It was similar to a search warrant.
Which 1987 Supreme Court case supported the use of evidence obtained with a search warrant that was inaccurate in its specifics?
The 1987 Supreme Court case that supported the use of evidence obtained with a search warrant that was inaccurate in its specifics is Massachusetts v. Sheppard. In this case, the court ruled that as long as the police officers acted in good faith reliance on the warrant, the evidence could still be used against the defendant.
Is it true that The US Supreme Court has a long history of expressing a strong preference for the use of a search warrant?
This has been a strong idea in the Supreme Court as well as the other branches of government. A major problem before the U.S. won its independence was that the British soldiers could ransack a home without any warrant. The U.S. wanted to stray away from this idea of searching without a warrant. However, many situations call for search without a warrant and so the major issue is what needs a warrant and what doesn't.
What is a no knock arrest warrant in Illinois?
No knock warrants are something that the Supreme Court has approved in limited situations where it is determined for officer safety, and/or preservation of the evidence that the officer does not have to first knock and announce his presence before serving a warrant.
