9.17 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Emergency Aid is an exception to the Fourth Amendment's requirement for a warrant for a search or seizure. This exception allows for law enforcement to conduct a search without a warrant if there is an imminent threat of death or serious bodily harm to a person. Emergency Aid is also referred to as the "exigent circumstances" exception to the warrant requirement. This exception allows for law enforcement to enter a premise without a warrant if they have probable cause to believe that someone inside is in danger. There are two types of Emergency Aid: Emergency Assistance and Hot Pursuit. Emergency Assistance is when the police enter a premise after receiving a call from a third party, such as a neighbor or relative, who reports an emergency situation. Hot Pursuit is when the police are in pursuit of a suspect who is fleeing the scene of a crime or other dangerous situation.
9.17 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Emergency Aid
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Fourth Amendment - Search and Seizure Constitution Center.
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3)
The Fourth Amendment prohibits the United States government from conducting ?unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.
For example, consider the following scenarios: An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.
The Supreme Court has consistently recognized an emergency aid exception to the warrant requirement, which allows law enforcement officers to ?enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.? United States v. Snipe, 515 F.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Exigent circumstances are essentially exceptions to the general requirement of a warrant under the Fourth Amendment searches and seizures.