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Exceptions to the Warrant Requirement

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Presentation on theme: "Exceptions to the Warrant Requirement"— Presentation transcript:

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2 Exceptions to the Warrant Requirement
Search Incident to a Lawful Arrest extends to everything w/in arrestee’s immediate control Stop and Frisk can frisk outer layer of clothing with “articulable suspicion” of crime Emergency Situations Bomb threats, burning buildings, etc. Hot Pursuit Warrant not required for places police follow suspect into. Items connected with crime in Plain View If police had a right to be there in the first place

3 Exceptions to the Warrant Requirement
Consent A person may ‘knowingly and voluntarily’ let police search w/o a warrant. Fraud and deception are excepted. Must be that person’s or common property. In some case eg. parent/child, teacher/student, a person may legally let police search someone else’s property Abandoned Property Once you abandon something you give up the expectation of privacy. Border & Airline Searches Customs Agents may search w/o warrant OR probable cause. Airline personnel may search passengers and carry on luggage with metal detectors and/or x-rays Vehicle Searches Police may search a vehicle WITH Probable Cause W/O Warrant

4 Cases: Search and/or Seizure? Reasonable or Unreasonable?
Customs agents spend an entire day going through Vivian’s luggage on her return from Istanbul. They have no Warrant. After Suzanne checks out of her hotel room the police come in and find receipts from illegal gambling in the wastebasket. They have no Warrant.

5 Cases: Search and/or Seizure? Reasonable or Unreasonable?
The police sneak into Gail’s yard and see 200 stolen Christmas turkeys through her kitchen window. The police go to Joe’s house, his girlfriend (and roommate) agrees to let them search the house for marijuana. Carol’s neighbors hear screams from her house and call the police. The police arrive, hear the screams, enter the house to investigate. They find stolen goods on the dining room table.

6 Can this evidence be used in a …


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