This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
For instance, the automobile exception allows an officer to make a warrantless traffic stop and search a truck of a vehicle when gun parts were observed in plain view on the front seat of the vehicle.
Under the exception, a vehicle may be searched without a warrant when evidence or contraband may possibly be removed from the scene due to the mobility of a vehicle such that it is not practical to secure a warrant without jeopardizing the potential evidence.
Martin J. King J.D. This article describes the “special needs” exception which applies to searches and seizures conducted without individualized suspicion for the purpose of minimizing a risk of harm.
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.
Other well-established exceptions to the warrant requirement include consensual searches, certain brief investigatory stops, searches incident to a valid arrest, and seizures of items in plain view.
The circumstances under which the law deems a warrantless search, seizure, or arrest reasonable generally fall within the following seven categories: For a felony arrest in a public place. When directly related to a lawful arrest. During a traffic stop for reasonable suspicion.
For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.
The Fourth Amendment doesn't apply to every governmental search. If the person searched did not have a reasonable expectation of privacy in the place the government searches (or the item the government seizes), there is no Fourth Amendment violation.
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.