Underrating warrantless searches

 

 

 

When can an officer undertake warrantless searches? Elaborate on the moral issues, if any, relating to privacy of the individuals who are searched.

Answer should include the following points:

Consent
Exigent circumstances and emergency situations
Incident to arrest
Plain view
Border searches
Other warrantless searches

 

Your right to be secure in your person or property is protected by the Fourth Amendment to the U.S. Constitution. That being said, exceptions to the warrant requirement exist. Some circumstances in which a warrantless search is lawful: exigent circumstances – this exception means that the law enforcement officials can search a person or property if failing to do so immediately would lead to the destruction or removal of evidence or place the officer at risk of harm; search incident to arrest – if law enforcement officials have probable cause to lawfully arrest someone, they can legally conduct a warrantless search of that individual; and consent given. Typically, when an officer asks an individual suspected of an offense to search their person or property, the alleged offender agrees because they want to comply with a request from an authority figure.

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