What is exception to warrant requirement?

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.

What case allowed police to search automobiles upon probable cause but without a search warrant?

The case that allowed police to search automobiles upon probable cause without a search warrant is Carroll v. United States (1925). In this decision, the U.S. Supreme Court ruled that the inherent mobility of vehicles creates a situation where obtaining a warrant is impractical, thus permitting warrantless searches if officers have probable cause to believe the vehicle contains evidence of a crime. This established the "automobile exception" to the Fourth Amendment's warrant requirement.

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?

Is there a murder exception to the search and seizure law?

No, there is no specific "murder exception" to the Fourth Amendment's protections against unreasonable searches and seizures in the United States. Law enforcement must generally obtain a warrant based on probable cause, regardless of the crime being investigated, including murder. However, there are exceptions to the warrant requirement, such as exigent circumstances, which may apply in urgent situations where evidence could be destroyed or a suspect poses an immediate threat. Each case is evaluated based on its specific facts and circumstances.

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.

What is a fleeting-target exception?

An exception to the exclusionary rule that permits law enforcement officers to search a motor vehicle based on probable cause but without a warrant. The fleeting-targets exception is predicated on the fact that vehicles can quickly leave the jurisdiction of a law enforcement agency

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.