PART 3 SEARCHES WITHOUT WARRANTS

Search Incident to Arrest

Exception to the general warrant requirement allowing search without a warrant when a custodial arrest occurs based on probable cause.

Contemporaneous Search

A search that must occur in close proximity to the time of arrest, to maintain its validity as a search incident to arrest.

Expectation of Privacy

The legal standard that determines whether an individual has a reasonable expectation to privacy in a certain space, which impacts search legality.

Plain View Doctrine

Legal principle permitting warrantless seizure of items by law enforcement when they are in plain sight from a lawful vantage point.

Protective Sweep

An immediate cursory inspection of places adjacent to an area where an arrest was made to ensure officer safety.

Exigent Circumstances

Situations where law enforcement can conduct a warrantless search due to urgent circumstances that justify immediate action.

Custodial Arrest

An arrest accompanied by the physical detention of a person by law enforcement.

Pat-Down Frisk

A quick search for weapons by law enforcement of a person’s outer clothing to ensure safety.

Inventory Search

A search procedure conducted by police to document items in the possession of an arrestee before incarceration.

Consent Search

Search conducted by law enforcement with permission from someone with authority over the area or item being searched.

Non-Intrusive Methods

Search methods that do not physically penetrate the body and generally require no warrant.

Intrusive Searches

Search methods that physically penetrate the body, requiring a warrant unless exigent circumstances exist.

Search Warrant

A document issued by a judge or magistrate giving law enforcement permission to search specific premises.

Locked Container

A physical receptacle secured by a lock, which generally requires an additional consent to search, even if a general vehicle search is permitted.

Non-Custodial Detention

Temporary detention that does not involve a custodial arrest and consequently has limited search exceptions.

Seizure of Evidence

Taking possession of items believed to be evidence of a crime during lawful police activity.

Reasonable Suspicion

A standard of belief that is less than probable cause, allowing for brief stops and investigations by law enforcement.

Fruit of the Poisonous Tree

Legal metaphor used to describe evidence that is obtained illegally, rendering it inadmissible in court.

Destructible Evidence

Items that may be destroyed or altered, justifying a search without a warrant if there is probable cause.

Emergency Aid Exception

Condition under which police may enter a premises without a warrant to assist individuals in an emergency situation.

Curtilage

The area immediately surrounding a dwelling, which is afforded some privacy rights under the Fourth Amendment.

Abandoned Property

Items left behind without the intention of returning, which can be searched without a warrant.

Dog Sniffs

Use of specially trained dogs to detect illegal substances, which may be considered a search under certain circumstances.

Single Purpose Container Rule

Legal principle permitting the seizure and search of certain containers with a known singular use, such as bindles, without a warrant.