Warrantless Searches- Criminal Justice

Special Needs Situations

Justified needs to conduct warrantless searches of every individual passing through certain specific contexts. (Ex. Metal detectors, border crossing searches, and efforts to investigate after 911)

Stop and Frisk

A stop is a brief interference with a person’s freedoms and must be justified by reasonlbe suspicion (Making observations, drawing conclusions, identifying themselves).

Exigent Circumstances

When officers are in the middle of an urgent situation in which they must act swiftly and do now have time to go to court to seek a warrant. (Ex. When officers are in hot pursuit) 

Consent Searches

Searches without probable cause or a warrant that are agreed to by the person being searched. To claim your rights, you assert them. (Ex. Police asking to search your car, while being stopped)

Automobile Searches

A traffic violation by itself does not provide an officer with the authority to search an entire vehicle. There must be specific factors creating reasonable suspicion or probable cause to justify officers doing anything other than looking inside the vehicle.

Search incident to a lawful arrest

A legal exception to the 4th amendment requires that allows police to search a person and the area within their immediate control after a lawful arrest. (Ex. An officer pulls you over for speeding and proceeds to search your car once you consent)