Why are there exceptions to the warrant requirement?
AUTOMOBILE EXCEPTION:The automobile exception was born out of the concern that because vehicles are highly mobile, evidence could be spoiled if the vehicle travels before the warrant is obtained.
When does a police officer need a warrant?
Unless the fact-pattern fits one of the six exceptions discussed above, a warrant is required for police to conduct a search or seizure. Note that for Exception 1, search incident to a lawful arrest, and Exception 5, the automobile exception, although no warrant is required, there is a probable cause requirement.
Do you need a warrant for search incident to lawful arrest?
Note that for Exception 1, search incident to a lawful arrest, and Exception 5, the automobile exception, although no warrant is required, there is a probable cause requirement. For a search incident to a lawful arrest, the officer must have had probable cause for the original arrest.
What is the plain view exception to the warrant?
Learning more about the plain view exception can help you understand your rights and protect yourself from warrantless searches and seizures. The plain view exception allows law enforcement officers who are legally searching a property to search items that are (1) in plain view while they are conducting their search and (2) obviously incriminating.
What is the plain view exception to the warrant requirement?
Plain view doctrine. In the United States, the plain view doctrine is an exception to the Fourth Amendment ‘s warrant requirement that allows an officer to seize evidence and contraband that are found in plain view during a lawful observation.
How many exceptions to needing a search warrant are there?
There are six major exceptions to the warrant requirement. A search incident to lawful arrest does not require issuance of a warrant. In other words, if someone is lawfully arrested, the police may search her person and any area surrounding the person that is within reach (within his or her “wingspan”).
What are the exceptions to the Seach warrant requirement?
7 Major Exceptions To The Warrant Requirement Consent. The most obvious exception is consent. Plain view. The next major exception to the warrant requirement are things found “in plain view”. Open Fields. Abandoned Property. Search Incident To Arrest. Inventory Search. Exigent Circumstances.
What are the requirements for a valid warrant?
The four requirements of a valid search warrant consist of probable cause, supporting oath or affirmation, description of the place to be searched as well as items to be seized and the signature of a magistrate. Probable case is more than a minimal suspicion that crime has already or about to take place.