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What requirements in a warrant are overriden by items in plain view?
Items in plain view can be seized without obtaining a search warrant.
Make a sentence with the word plain?
Elements can contain plain text, other elements, or both.
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.
When can you arrest someone for a felony with out a search warrant?
Yes. Enforcement officers do not need a search warrant in a variety of instances. If there is consent to a search, you do not need a warrant. If something is in plain view, you do not need a warrant. Also, warrants are not needed in emergency situations when the public safety is in danger.
Is the western part of Europe is a flat plain?
Western Europe is mostly plain with the exception of the Iberian Peninsula, Italy, Switzerland, Liechtenstein, and Austria.
Can police seize evidence in sight without a search warrant?
Yes. It is usually referred to as 'plain view.'
What searches of homes without a warrant would be upheld?
Plain view, exigent circumstances, search with consent.
Can you be searched in your home for drugs?
It is possible that if the police were there at the time the drugs were sold then an exigent circumstance exception could apply. However that is not normally the case. Most often the information about drug sales are presented to a magistrate and a warrant is obtained. The police may then do a controlled buy to confirm drugs are in the house immediately prior to the warrant service.
What are search and seizure exceptions of a warrant?
Search and seizure exceptions to the warrant requirement include several key circumstances where law enforcement can act without a warrant. These exceptions include exigent circumstances, where there is an immediate need to prevent harm or destruction of evidence; consent, where an individual voluntarily agrees to a search; the plain view doctrine, which allows officers to seize evidence in plain sight during a lawful presence; and searches incident to a lawful arrest, where officers can search an arrested person and their immediate surroundings. Additionally, certain situations involving vehicles and administrative searches also permit warrantless actions under specific conditions.
Where the 4th amendment applies the exceptions to the general rule against warrant-less searches and seizures of what is found by police and customs officials are what?
The Fourth Amendment protects against unreasonable searches and seizures, but there are several exceptions to the warrant requirement. These include exigent circumstances, where immediate action is necessary; consent, where an individual gives permission for a search; search incident to a lawful arrest; and the plain view doctrine, where officers can seize evidence that is clearly visible without a warrant. Additionally, customs officials have broader authority to search individuals and their belongings at borders without a warrant due to national security interests.
Which amendment applies to this scenario In most circumstances the police must have a warrant before they can conduct a search.?
The fourth amendment to the U.S. Constitution refers to searches and stipulates that a warrant must be obtained prior to a search. However, there are seven recognized exceptions: 1. Consent 2. Plain view 3. Incident to arrest 4. Motor vehicle exception 5. Exigent circumstances 6. Caretaker function 7. Inventory search
Is a car in an open garage considered to be in plain view?
Yes ... you can see it ... anyone can see it ... it is in plain view. However, it is on private property and a warrant may be required to remove it unless it is being repossessed.
