Ncaa

To have probable cause, there must exist “a fair probability that the police will find evidence of a crime.” However, “no amount of probable cause can justify a warrantless search or seizure absent ‘exigent circumstances.’”

Second, there must be probable cause to believe that the items sought are connected to criminal activity (Hall, 2016.) When a search warrant is granted then there needs to be probable cause that is connected to the criminal act in which we are able to find more evidence to prosecute the criminal.

When it comes to Search and Seizure, allot of people think that law enforcement should not be allowed to search or seize property. I have heard many arguments against this subject, people stating that law enforcement officers go too far or have no right to search someone’s property such as their vehicle. Probable cause is more than a reasonable suspicion it requires that a combination of facts makes it more likely than not that items sought are where police believe them to be. In addition to establishing probable cause for a search, a warrant must contain the reasons for obtaining it, the names of people presenting the affidavits, what is specifically being sought and the signature of the judge issuing it.

The Court recognized in Chimel v. California, 395 U.S. 752, that the scope of a warrantless search must be commensurate with the rationale that excepts the search from the warrant requirement. Chimel authorizes a search of incident to arrest for (1) weapons or (2) incriminating evidence. Further, Chimel limited the scope of a search incident to arrest to the person placed under arrest and the area “into which an arrestee might reach.” 395 U.S., at 763.

The outlook for search and seizure (The fourth amendment) is all about privacy. Citizens have the right to deny searches or seizures of property or things unless the officer has a valid search warrant, valid arrest warrant, or probable cause."Probable cause has to come from specific facts and circumstances, not simply an officer's hunch, feeling, or suspicion." ("Search and Seizure", 2018). The police have grounds to believe they will notice proof that you just committed a criminal offense, and a judge issues a warrant or the actual circumstances justify the search while not a warrant initial being issued.

The Fourth Amendment provides citizen the freedom of privacy. The expectation of privacy is covered under the Fourth Amendment in order to protect this privacy. I strongly believe that an officer should obtain a search warrant in order to violate one's right to privacy when crossing the boundary of personal items. By searching an individual backpack, purse or wallet, one's privacy is invaded. According to the court in People v. Cregan personal items such as cigarette packs (found in pockets), wallets, or purses may be searched due to these items being inaccessibility of the individual at the time of an arrest. This ruling allows officers to violate one's privacy by searching these items; even though, the items are personal to the individual.

The Fourth Amendment of the Constitution was created so authorities should need a warrant to search a home or property, for U.S. citizens have freedom from arbitrary governmental intrusions, and for all searches and seizures must be reasonable. Although, an officer should be able to search on the spot if they feel they have probable cause. “The 4th Amendment and the personal rights it secures have a long history. At the

The fourth amendment is a person right to their privacy with the things that they possess. These precedent rights insure the security of our freedom unto a certain extent. This means that a governmental intrusion can take place, allowing a person property to be searched or seized. Depending on the circumstances, officials may or may not have to have a warrant if the evidence is reasonable. “The procedural rights in the fourth amendment influence the operation of criminal justice in the United States nearly every day” (Bohm & Haley, 2011, p.105). For Instance, officials do not have to have a warrant if they have probable cause and needs to preserve the evidence. In addition, a warrant is issued only if the search will end up being connected to the case or if officials think the object is in the home. These conclusions will help the evidence that officials have claimed with probable cause.

When they search without a warrant they could do a voluntary search in which you freely give them permission to go ahead and conduct the search and you can‘t be tricked or coerced into giving the consent. The police can conduct various types of searches such as when you are being arrested the police have the right to go ahead and conduct a search of your immediate areas some people say it can only go as far as the wingspan on your arms but others beg to differ. Another is the inventory search in which they go through all your stuff to make a list of all the items you have that

2. Are there exceptions to having a ‘search warrant’ before a search can be conducted?

In order to get a search warrant, probable cause must be established. In most instances, reasonable suspicion that a crime is being committed is established first and that leads to probable cause that a crime was committed. Reasonable suspicion is what gives law enforcement the legal right to stop a person because they believe that “the individual is engaging in criminal activity” (Hirby, 2017). Once probable cause has been established by law enforcement, a search warrant can be obtained. Law enforcement do not have to obtain a search warrant in instances such as exigent circumstances, plain view, consent, hot pursuit, and search incident to arrest. Even though these are the exceptions to not obtaining a search warrant prior to search and seizure of items and belongings, they are also the most commonly challenged when it comes to violation of a person’s Fourth Amendment.

A search warrant is a signed order by a judge/magistrate that authorizes the police to search specific locations in order to seize specified items during a specific time frame. The searches are typically intended to search locations seize evidence in relation to probable cause that the suspects are engaged in criminal activity, are about to engage in criminal activity or had engaged in criminal activity. The concept for search warrants originates from the 4th Amendment which states “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 to be seized.” The Fourth Amendment can be broken down into two sections. The first section is considered the “reasonableness clause” where it states that unreasonable searches and seizures are prohibited. The next section is the “warrant clause” which specifies the requirements and limits of searches and seizures. Through these clauses, the 4th Amendment is designed to protect the people from unreasonable searches and seizures.

“The right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches, 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 to be seized” (Greenwald, 3).

In continuation, in order to have access into a home there are guidelines and regulations that officers must abide by. “The U.S. Supreme Court has recognized only a limited number of ways for law enforcement officers to justify lawful entry” (Rutledge, 2014, pg.1). People have a right to privacy and protection in their home, vehicle or any other personal property against illegal search and seizures. It is imperative that law enforcement officers receive a search warrant in order to use evidence that is seized. “A search warrant is an order signed by a judge that authorizes police officers to search for specific objects or materials at a definite location” (Search Warrants| Nolo 's Free Dictionary of Law Terms and Legal

Warrantless searches are per se unreasonable under the Fourth Amendment. (People v. Williams (1999) 20 Cal.4th 199, 125.) A warrantless search is not a reasonable search unless police establish that it was impracticable for them to obtain a search warrant. (People v. Pace (App. 1 Dist. 1979) 154 Cal.Rptr. 811.) Nevertheless, there are “exceptional circumstances in which, on balancing the need for effective law enforcement against the right of privacy, it may contend that a magistrate’s warrant for search may be dispensed with.” (People v. Williams (1999) 20 Cal.4th 199, 126.)