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4 Exceptions To The 4th Amendment In Sacramento
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Multi-State
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Sacramento
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US-000280
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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.
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 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.
Exceptions to the Warrant Requirement Exigent circumstances. Plain view. Search incident to arrest. Consent.
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.
There are two requirements for a valid search under the vehicle exception: (1) there must be probable cause to believe that evidence of a crime or contraband is located in the vehicle to be searched; and (2) the vehicle must be “readily mobile.” The vehicle need not be moving, but must be capable of ready movement, at ...
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.
The special needs doctrine evolved from the language of the Fourth Amendment, which determines that searches must be reasonable in order to be constitutional. Absent individualized suspicion leading to probable cause and the issuing of a warrant, a search can be reasonable if the search serves a valid special need.
24 Examples of cases where the special needs exception applies include inspections for building code enforcement, border searches, airport searches, school searches, roadside checkpoints and drug testing of employees at government jobs.