9.21 Particular Rights-Fourth Amendment-Unreasonable Seizure of Person-Exception to Warrant Requirement-Terry Stop 172
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FAQ
The Fourth Amendment to the Constitution protects against unreasonable search and seizures. This makes a search and seizure unlawful if the police did not have a valid search or arrest warrant or probable cause to suspect that a crime was being committed.
Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."
When a police officer has a reasonable suspicion that an individual is armed, engaged, or about to be engaged, in criminal conduct, the officer may briefly stop and detain an individual for a pat-down search of outer clothing. A Terry stop is a seizure within the meaning of Fourth 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
Under the exigent circumstances exception to the fourth amendment warrant requirement, the courts have recognized three threats as providing justification for warrantless action. These include danger to life, danger of escape, and danger of destruction or removal of evidence.
Stop and frisk law must be based on more than whimsy but less than probable cause; it must be based on (1) reasonable suspicion, (2) good cause to believe, and (3) articulable suspicion. In Terry v.
Exceptions When the Police Can Conduct a Search or Seizure Without a Warrant Lawful arrest. If you are being arrested for a crime, the police do not need a search warrant to search you since it is part of the arrest process. Plain view.Consent.Legitimate traffic stop.
