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Bookmark or Share- Arrests and Other Detentions :: Fourth Amendment - Justia Law—That the Fourth Amendment was intended to protect against arbitrary arrests as well as against unreasonable searches was early assumed by Chief Justice Marshall 63 and is now established law. 64 At common law, warrant-less arrests of persons who had committed a breach of the peace or a felony were permitted, 65 and this history is reflected in t...
- Fourth Amendment | Wex | US Law - LII / Legal Information InstituteA warrantless arrest may be invalidated if the police officer fails to demonstrate exigent circumstances. The ability to make warrantless arrests are commonly limited by statutes subject to the due process clause of the U.S. Constitution.
- Exceptions to the Fourth Amendment Warrant RequirementThe Supreme Court has identified six narrow exceptions where a warrantless search is reasonable and will not result in the exclusion of evidence obtained therein. These include: Exigent circumstances; Plain view; Search incident to arrest; Consent; Automobile exceptions; Special needs
- warrantless | Wex | US Law | LII / Legal Information InstituteWarrantless means that government officers carry out a search or arrest without a warrant or any other legal authorization. The requirement of a warrant serves to protect individuals’ privacy interests against unreasonable governmental intrusion.
- Exceptions to the Warrant RequirementWarrantless Searches Dependent on Probable Cause. Search Incident to Arrest Doctrine; Vehicle Searches. Vehicle Searches: Overview; Vehicle Searches: Select Topics for Consideration. Searches of Containers Within a Vehicle; Plain View Searches; Warrantless Searches Not Dependent on Probable Cause. Terry Stop and Frisks. Terry Stop and Frisks ...
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