Search results
Results From The WOW.Com Content Network
Most courts of appeal to pass judgment on the issue—namely, the 1st, 2nd, 6th, 7th, and 11th circuits —have held that, once an item is seized, law enforcement can retain the item indefinitely ...
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.
Torres v. Madrid, 592 U.S. 306 (2021), was a United States Supreme Court case based on what constitutes a "seizure" in the context of the Fourth Amendment to the United States Constitution, in the immediate case, in the situation where law enforcement had attempted to use physical force to stop a suspect but failed to do so.
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 ...
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 ...
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.
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...
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 ...