9.17 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Emergency Aid
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FAQ
Fourth Amendment - Search and Seizure Constitution Center.
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3)
The Fourth Amendment prohibits the United States government from conducting ?unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.
For example, consider the following scenarios: An arrest is found to violate the Fourth Amendment because it was not supported by probable cause or a valid warrant. Any evidence obtained through that unlawful arrest, such as a confession, will be kept out of the case.
The Supreme Court has consistently recognized an emergency aid exception to the warrant requirement, which allows law enforcement officers to ?enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.? United States v. Snipe, 515 F.
The Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
Exigent circumstances are essentially exceptions to the general requirement of a warrant under the Fourth Amendment searches and seizures.