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The Fourth Amendment prohibits “unreasonable search and seizure,” which means police cannot search a person or their property without a warrant or probable cause. The Texas Constitution ...
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.
Geofence warrants were first used in 2016. [4] Google reported that it had received 982 such warrants in 2018, 8,396 in 2019, and 11,554 in 2020. [3] A 2021 transparency report showed that 25% of data requests from law enforcement to Google were geo-fence data requests. [5]
People v. Diaz, 51 Cal. 4th 84, 244 P.3d 501, 119 Cal. Rptr. 3d 105 (Cal. January 3, 2011) was a Supreme Court of California case, which held that police are not required to obtain a warrant to search information contained within a cell phone in a lawful arrest. [1]
You do not have to answer their questions or agree to a search. What the police can do is run your license plate through the police database for any outstanding warrants. They can do this without ...
Article 14.01 of the Texas Code of Criminal Procedure states that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or ...