ANSWERS: 1
  • The Fourth Amendment to the U.S. Constitution requires that police obtain a warrant before conducting a search. Warrantless searches are upheld by the courts however, when the police can show that they had probable cause to conduct one.

    Definition

    According to SRIS, PC., Attorneys At Law, probable cause exists when there are "circumstances sufficient to warrant a prudent man to believe that the person stopped had committed or was committing an offense."

    Observation

    When a police officer obtains information through his senses that a crime is being committed, a warrantless search may be justified. The fragrance of marijuana smoke at a routine traffic stop for example, gives the officer probable cause to search the vehicle.

    Exigent Circumstances

    When urgent circumstances require immediate attention, a warrantless search may be conducted. This might occur when a police officer believes that he or someone else is in danger.

    Drug Testing

    The U.S. Supreme Court upholds the constitutionality of drug testing for high-school students participating in extracurricular activities as well as adults working in high-risk jobs.

    Airline Passengers

    Airline passengers are required to undergo thorough searches of both their persons and possessions. These warrantless searches are conducted in order to avert potential terrorism.

    Source:

    SRIS, PC. Attorneys At Law: A Discussion about a person's Constitutional rights:

    Probable Cause.org: What is Probable Cause?

    Just Cause Law Collective: Other Types of Warrantless Searches

    Resource:

    Cornell University Law School: United States Constitution

    U.S. Supreme Court: Board of Education v Earls et al

Copyright 2023, Wired Ivy, LLC

Answerbag | Terms of Service | Privacy Policy