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Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
When a warrantless arrest occurs based on information provided by a confidential informant or anonymous source, for the arrest to be lawful, the police must establish that the information relied on in making the arrest meets the same two basic elements described above. At a post arraignment hearing the police must:
The trial was held at the United States District Court for the Middle District of Georgia. During the defense, Miller attempted to prevent the bank records from being submitted as evidence, claiming these were illegally obtained, as such records should be protected from illegal search and seizure under the Fourth Amendment. The District Court ...
Georgia v. Randolph , 547 U.S. 103 (2006), is a case in which the U.S. Supreme Court held that without a search warrant , police had no constitutional right to search a house where one resident consents to the search while another resident objects.
Case history; Prior: Franks v. State, 373 A.2d 578 (Del. 1977): Subsequent: Franks v. State, 398 A.2d 783 (Del. 1979): Holding; Where a warrant affidavit contains a statement, necessary to the finding of probable cause, that is demonstrated to be both false and included by an affiant knowingly and intentionally, or with reckless disregard for the truth, the warrant is not valid.
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a credible complaint has been made or a reasonable suspicion exists, and an arrest is necessary to prevent further criminal activity or promote the criminal investigation; a person has been declared a criminal by an authorized state authority. Section 35 specifically bars arrests of persons who are infirm or over the age of 65 without a warrant.