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San Francisco Police searching a vehicle after a stop in 2008. The motor vehicle exception is a legal rule in the United States that modifies the normal probable cause requirement of the Fourth Amendment to the United States Constitution and, when applicable, allows a police officer to search a motor vehicle without a search warrant.
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
The Bill of Rights prevents law enforcement from searching cell phones during a traffic stop without a judge-issued warrant. The Fourth Amendment prohibits “unreasonable search and seizure ...
When police stop and search a pedestrian, this is commonly known as a stop and frisk. When police stop an automobile, this is known as a traffic stop. If the police stop a motor vehicle on minor infringements in order to investigate other suspected criminal activity, this is known as a pretextual stop. Additional rules apply to stops that occur ...
Getting a search warrant begins in a police department and ends with a specific, restricted list of items allowed to be seized on a specific property.
Carmen Michelle Gonzalez Fletcher, a 34-year-old crime scene analyst for the Dallas Police Department, was killed in a car crash in Fort Worth on Sept. 6, 2024. Mehta bonded out of jail shortly ...
The three main categories of searches are a search of a house, automobile or pedestrian. In the case of an automobile, it is assumed the officer has already seized the car and the encounter is a Terry stop. When an officer returns a driver's identification, the encounter has been transformed into a consensual encounter.
The Supreme Court ruled in 2014 on whether a person’s cellphone can be searched by police officers without a warrant. Missouri and Kansas also have there own laws. Here’s what they say.
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