What are the 3 exceptions to the exclusionary rule?

Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."

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9.14 Particular Rights-Fourth Amendment-Unreasonable...

9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant

Name: 9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant
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Federal - Jury Instructions - 9th Circuit - Civil

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US-JURY-9THCIR-9-14

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/ 9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant is a legal exception to the Fourth Amendment's general requirement that a warrant be obtained before a search can be valid. This exception applies to the search of a vehicle incident to an arrest of a recent occupant. This exception allows law enforcement officers to search a vehicle without a warrant if they have reasonable suspicion that the vehicle contains evidence of criminal activity. Under this exception, officers may search the passenger compartment of the vehicle, as well as any containers that could contain evidence of the arrested's criminal activity. This exception is limited to searching for items that are directly related to the arrest. This exception to the Fourth Amendment's general requirement that a warrant be obtained before a search can be valid applies to the search of a vehicle incident to an arrest of a recent occupant. This exception does not apply to searches of vehicles conducted for general investigative purposes, such as searching for drugs or guns, or for searches conducted for protective purposes, such as searches for weapons.

9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant is a legal exception to the Fourth Amendment's general requirement that a warrant be obtained before a search can be valid. This exception applies to the search of a vehicle incident to an arrest of a recent occupant. This exception allows law enforcement officers to search a vehicle without a warrant if they have reasonable suspicion that the vehicle contains evidence of criminal activity. Under this exception, officers may search the passenger compartment of the vehicle, as well as any containers that could contain evidence of the arrested's criminal activity. This exception is limited to searching for items that are directly related to the arrest. This exception to the Fourth Amendment's general requirement that a warrant be obtained before a search can be valid applies to the search of a vehicle incident to an arrest of a recent occupant. This exception does not apply to searches of vehicles conducted for general investigative purposes, such as searching for drugs or guns, or for searches conducted for protective purposes, such as searches for weapons.

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The Fourth Amendment prevents the government from performing unreasonable searches and seizures. A traffic stop would be considered a seizure under the Fourth Amendment and in order to be shown as reasonable, the officer needs to show that there is reasonable suspicion to pull over your car.

A routine traffic stop is justified if the police officer has a reasonable suspicion that the occupant is unlicensed or the vehicle is unregistered. The officer does not need a reasonable suspicion of the occupant's involvement in criminal activities.

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 is no general exception to the Fourth Amendment warrant requirement in national security cases.

Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."

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.

Labron the US Supreme Court stated, "If a car is readily mobile and probable cause exists to believe it contains contraband, the Fourth Amendment permits the police to search the vehicle without more." The scope of the search is limited to only the area that the officers have probable cause to search.

United States v. Robinson (1973) ? The U.S. Supreme Court held that "in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that Amendment."

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things

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When the search incident to arrest involves a vehicle, refer to Instruction 9. The Court has even upheld a search incident to an illegal (albeit not unconstitutional) arrest.The dispute has centered around the scope of the search. A search is reasonable, and a search warrant is not required, if the search is incident to a lawful arrest. A search or seizure is generally considered to be unreasonable without a warrant, subject to only a few exceptions. United States, 376 U.S. 364. (1964) (warrantless search of seized automobile not justified because not within ra- tionale of exceptions to warrant clause). As a practical matter, this limitation means that searches of vehicles incident to an occupant's arrest are authorized under Chimel and Belton only if the. It has long been recognized that a search conducted incident to a lawful custodial arrest "is not only an exception to the warrant requirement of the Fourth.

9.14 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search of Vehicle Incident to Arrest of a Recent Occupant

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