PART 3 SEARCHES WITHOUT WARRANTS

Search Incident to Arrest

An exception to the warrant requirement allowing a search when a custodial arrest is made based on probable cause.

Fourth Amendment

Protects individuals from unreasonable searches and seizures; requires warrants to be judicially sanctioned and supported by probable cause.

Contemporaneous Search

The requirement that a search must occur close in time and place to the arrest.

Expectation of Privacy

A legal standard determining if an individual's privacy should be respected in a particular location or situation.

Plain View Doctrine

Allows officers to seize evidence of a crime without a warrant if it is in plain sight.

Exigent Circumstances

Situations that justify warrantless searches due to immediate danger or urgency.

Protective Sweep

A quick and limited search of a premises to ensure officer safety during an arrest.

Consent Search

A search conducted with the voluntary agreement of the individual with authority over the area being searched.

Inventory Search

A search conducted to account for and protect a person's belongings before incarceration or impounding.

Warrantless Entry

Entering a dwelling without a warrant under specific circumstances that justify the search.

Strip Search

A search involving the removal of clothing to find concealed items, subject to strict legal limitations.

Non-Custodial Detention

A temporary detention where a person is not taken into custody and therefore may not face the same search rights.

Closed Container Rule

A person's general consent to search a vehicle does not include the authority to open locked containers within it.

Purpose of Exigent Searches

To prevent evidence from being destroyed, to assist someone in an emergency, or to prevent harm.

Search Warrant

A legal document authorizing police to conduct a search of specific premises or property.

Motor Vehicle Exception

Allows warrantless searches of vehicles based on the reduced expectation of privacy and probable cause.

Hot Pursuit

A legal principle allowing police to enter private property without a warrant when chasing a suspect.

Curtilage

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

Emergency Aid Exception

Permits police to enter premises without a warrant if there is a need to provide aid in an emergency situation.