The fourth amendment leaves unanswered questions about the balance between the right to privacy and the State's interest in effective law enforcement. The courts have taken two positions on whether a warrant is a precondition of search and seizure: the first considers whether there is probable cause for the search and seizure and the reasonableness of its conduct; the other assumes that a warrantless search is unreasonable except in extraordinary circumstances. A number of U.S. Supreme Court decisions have held that warrantless searches are justified in exigent circumstances: (1) where there is probable cause to believe a crime has been committed and evidence may be destroyed and (2) in cases of lawful arrest where a search is necessary to obtain evidence and protect officers from assault with a weapon. In the absence of probable cause, the court has generally held that warrantless searches must be relatively unintrusive, limited in extent, and undertaken only when police have grounds to believe that an individual in an investigative stop may be dangerous. 4 study questions and 5 references.
Search and Seizure - Crime File Series Study Guide
NCJ Number
100751
Date Published
1986
Length
4 pages
Annotation
This study guide outlines the constitutional basis of search and seizure constraints and explains case law defining the conditions under which a warrant is and is not needed.
Abstract
Date Published: January 1, 1986