9.19 Particular Rights-Fourth Amendment- Unreasonable Seizure of Property-Exceptions to Warrant Requirement is a legal doctrine that outlines the conditions under which law enforcement can seize property without a warrant. Under the Fourth Amendment of the United States Constitution, officers must have a warrant issued by a judge in order to make a seizure, unless one of the exceptions to the warrant requirement applies. There are four main exceptions to the warrant requirement: (1) consent; (2) search incident to a lawful arrest; (3) exigent circumstances; and (4) plain view. The consent exception states that if a person voluntarily allows an officer to search their property, without a warrant, the search is deemed reasonable. The search incident to a lawful arrest exception allows officers to search a person's property without a warrant if they have a valid reason to make an arrest. The exigent circumstances exception allows officers to search a property without a warrant if there is an immediate need to do so, such as to prevent an imminent danger or to prevent the destruction of evidence. The plain view exception allows officers to seize evidence without a warrant if it is in plain sight. In all cases, the seizing officer must have probable cause to believe that the property in question was used in the commission of a crime in order for the seizure to be deemed valid.
9.19 Particular Rights-Fourth Amendment- Unreasonable Seizure of Property-Exceptions to Warrant Requirement
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9.20 Particular Rights?Fourth Amendment?Unreasonable Seizure of Person?Generally. As previously explained, the plaintiff has the burden of proving that the acts of the defendants names deprived the plaintiff of particular rights under the United States Constitution.
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.
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 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.
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.
Fourth Amendment - Search and Seizure Constitution Center.
?Probable cause exists if the arresting officers had knowledge and reasonably trustworthy information of facts and circumstances sufficient to lead a prudent person to believe that the arrestee had committed or was committing a crime.? Gravelet-Blondin v. Shelton, 728 F.