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MODEL RULES - WARRANTLESS SEARCHES OF PERSONS AND PLACES - PROJECT ON LAW ENFORCEMENT POLICY AND RULEMAKING - APPROVED DRAFT. REV. MAY 1974

NCJ Number
17310
Author(s)
ANON
Date Published
1974
Length
58 pages
Annotation
DISCUSSION OF THE CIRCUMSTANCES UNDER WHICH SEARCHES ARE AUTHORIZED AS WELL AS THOSE UNDER WHICH THEY ARE PROHIBITED.
Abstract
SPECIFICALLY THE RULES APPLY TO SEARCHES INCIDENTAL TO ARREST; SEARCHES OF AREAS BEYOND THE IMMEDICATE CONTROL OF ARRESTED PERSONS; SEARCHES FOLLOWING HOT PURSUIT OF A FLEEING SUSPECT; PLAIN VIEW OBSERVATIONS; SEARCHES UNDER EXCEPTIONAL CIRCUMSTANCES; AND CONSENT SEARCHES. THE RULES ALSO DISCUSS WARRANTLESS SEIZURES NOT PROCEDED BY A SEARCH, SUCH AS PLAIN VIEW AND ABANDONED PROPERTY SEIZURES. THE RULES APPEAR FIRST WITHOUT COMMENTARY; THEN THEY ARE REPRODUCED IN THE COMMENTARY SECTION WHERE THEIR RATIONALE AND THE LAW IN SUPPORT OF THEM ARE DESCRIBED. RELEVANT UNITED STATES SUPREME COURT AND LOWER APPELLATE COURT DECISIONS ARE CITED FOR EACH MODEL RULE. (AUTHOR ABSTRACT MODIFIED)