4 Exceptions To The 4th Amendment In San Antonio
Description
Form popularity
FAQ
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.
But again, under the 4th Amendment the operative word is always reasonableness. Consent is a reasonable exception to the warrant requirement. With voluntary consent from someone who has actual or apparent authority over the place to be searched, agents do not need probable cause or a warrant.
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.
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.
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.
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.
Explanation: The Fourth Amendment's search warrant requirement has several exceptions. However, interference is not one of them. The exceptions to the search warrant requirement include the plain view doctrine, exigent circumstances, and consent.
