Preface
In the related article, we discussed the fourth amendment clause released from unreasonable searches and seizures. Article 4 According to amendment, government officials can conduct investigation if there is a high possibility that they believe that the evidence is guilty. They also must ensure a valid search warrant from a neutral and independent judge.
In some cases, the police may conduct a search without a warrant. Normally, these situations are related to emergency situations and police safety. Such a search is called a one-time search. In this article I will explain when the police will conduct a warrantless survey.
General warrants
When securing a warrant, the police must describe in detail the location and location to search. The warrant shall be issued by a judge neutral and separate from the investigation. A warrant is invalid if you can not identify a specific location or item. Erroneous warrants will not be fined for officers as long as they are trusted in good faith. The police search is limited to the fields and items described in the warrant, except for the following situations.
Indefinite search - if they are led
Over the years, the court has issued a ruling on the time when the police conduct a survey without a warrant. The most frequently occurring indefinite searches are as follows. These are called "warrant requirements exceptions".
- "Indefinite searching case for legal arrest": If the police are under active arrest investigation, there is the possibility of searching weapons and smuggled goods. Please be aware that arresting must be effective and may cause arrest itself. It is limited to the area of the suspect's "wing width", that is, the area at the distance of the suspect. Searching for wings is also called "protective cleaning" and is a safety measure for the protection of officers.
- "Exception in car search": The police may find out that the car has actively dropped. They must have legitimate reasons for the first stop, but the first stop may be due to a different reason than the search. For example, the police may pull the car due to a traffic violation and search for a car to look for evidence if the car is considered likely to be carrying smuggled goods. Searching for containers in cars is limited to those that may contain evidence. The main idea here is that the car is moving and can escape before getting a warrant.
- Agree: For those who have legitimately agreed to search or seizure, you can conduct a search without a warrant. Agreement must be done intellectually and intellectually, not under forced or compelling circumstances.
- Stop: Police say that if there is a reasonable doubt that a person may be armed dangerous or possibly related to crime, the police may not stop the police merely to investigate the cause but stop It is different from conventional survey in that it requires rational suspicion to do brace. Reasonable suspicion is lower doubt than possible cause. Possible causes require actual facts, but there is no reasonable delay. Also, stops and frisk are limited to excitement for human weapons, police can not open the containers found by people.
- Plain view: Police are likely to seize (seize) visible evidence. They must have a possible cause to hold the evidence and also promise legally. If they are illegally awarded, the items found on the prospect will be subject to the exclusion rule and will not be allowed as evidence in the court. For example, an officer reacts to the disturbance in the home and copes with the situation. When inside, if there is illegal drug in the living room on the table, they may confiscate them. Plain also means "a plain sensation" that the police do not use viewing or listening equipment to discover evidence under this exception.
- Hot pursuit / evidence of evanescent: Police may arrest (stop) suspects to escape. This is called the "hot tracking" exception of the warrant requirement. In their pursuit, police may enter the building without a warrant if necessary to pursue suspects.
The police may also confiscate evidence that there is a risk of being destroyed or may disappear. A common example of this is a medicine that is discarded or washed out under the toilet. This is known as an exception to the "evanescent evidence" of warrant requirements. Evanescent means "tend to disappear" and there is no time for the police to guarantee the guarantee before the evidence goes away.
Conclusion
These are the most common exceptions of warrant requirements in the investigation and foreclosure laws. Such unguaranteed searches are not considered "irrational" even if they have the expectation of legitimate privacy. It is regarded as a reasonable search as its urgency exceeds individual privacy interests. They are generally accepted by both the courts and the general.
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