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4 Exceptions To The 4th Amendment In Santa Clara
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Santa Clara
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US-000280
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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 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.
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.
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.
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.
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.