How to Analyze Exceptions to the Search Warrant Requirement on a Criminal Procedure Essay
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Загружено: 2018-11-30
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00:00 Escapes from the Warrant Requirement
If a government agent intrudes into a constitutionally protected area without a valid warrant, certain exceptions can make the search lawful.
01:30 The ESCAPES Acronym
Seven common exceptions include Exigent Circumstances, Search Incident to Lawful Arrest, Consent, Automobile Exception, Plain View, Evidence from Administrative Searches, and Stop and Frisk.
04:04 Exigent Circumstances
Police may enter without a warrant in cases of hot pursuit of a felony suspect, imminent destruction of evidence, or immediate public/officer safety threats.
07:22 Search Incident to a Lawful Arrest
Officers can search the arrestee’s person, items within their reach, adjoining rooms for safety, and certain areas of a vehicle related to the arrest.
11:02 Stop and Frisk (Terry Stop)
With reasonable suspicion, police can briefly detain and pat down a suspect’s outer clothing for weapons, and seize contraband if it’s immediately apparent.
15:14 Consent Searches
A person with apparent access and control can allow a search without a warrant, but consent must be voluntary and within the agreed scope.
18:22 Automobile Exception
With probable cause, police can search a vehicle and any containers in it where the suspected evidence could reasonably be found.
19:42 Plain View Doctrine
If lawfully present, officers can seize clearly illegal items in plain view without a warrant.
20:52 Administrative Searches
Certain inspections and screenings, like airport security or school searches, can be conducted without a warrant under relaxed rules.
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