7 exceptions to the fourth amendment

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8 Terms

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4th amendment

protects people from unreasonable searches and seizures by the government

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Stop and frisk

Stopping someone on the street is a detention and frisking someone’s outer clothing for weapons is clearly a “search.”

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Consent

If given consent officers do not need a warrant, or probable cause or reasonable suspicion to conduct a search.  As long as the person to be searched has the proper authority to give consent

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Plain view

police have the authority to seize items that are plainly visible to a police officer and clearly illegal in nature

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Hot pursuit

if a cop is chasing a felony suspect, and the suspect runs into a private home, the officers are able to follow, without getting a warrant, under the hot pursuit exception.

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Automobile

cops may search a car, or other motor vehicle, without a warrant if they have probable cause to believe that the vehicle contains illegal items.


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Search incident to arrest

If you have been LAWFULLY arrested for anything EX: DUI then the police may execute a search of your person, clothes, anything you are carrying

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Exigent circumstances

When people are in imminent danger; when evidence is about to be destroyed; or When a felony suspect is about to escape police may enter without a warrant