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Federal law allows certain federal agents to conduct search and seizures within 100 miles (160 km) of the border into the interior of the United States. [5] The Supreme Court has clearly and repeatedly confirmed that the border search exception applies within 100 miles (160 km) of the border of the United States as seen in cases such as United ...
The Fourth Amendment's protection against unreasonable searches and seizures extends to the length of a seizure, a federal court ruled last week, significantly restricting how long law enforcement ...
For a law-enforcement officer to legally seize an item, the officer must have probable cause to believe that the item is evidence of a crime or is contraband. The police may not move objects in order to obtain a better view, and the officer may not be in a location unlawfully.
Emergency aid doctrine is an exception to the Fourth Amendment, allowing warrantless entry to premises if exigent circumstances make it necessary. [8] A number of exceptions are classified under the general heading of criminal enforcement: where evidence of a suspected crime is in danger of being lost; where the police officers are in hot pursuit; where there is a probability that a suspect ...
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 ...
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 Supreme Court's decision in Katz significantly expanded the scope of the Fourth Amendment's protections, and represented an unprecedented shift in American search and seizure jurisprudence. Many law enforcement practices that previously were not "within the view" of the Fourth Amendment—such as wiretaps on public phone wires—are now ...
More than six months before the Dec. 6 shooting at a naval base in Pensacola, Fla., where a Saudi gunman used a weapon obtained using a hunting license exemption, the FBI issued a report warning ...