Police Magazine
MENU
SEARCHMENUSEARCHLoading data...
If the court finds that the Constitution was violated by a vehicle impound, the existence of an authorizing statute or policy may not be enough to save you and your agency from civil liability and suppression of resulting evidence.
Read More →If a criminal exposes evidence in ways that can be detected by use of the personal senses, there is no Fourth Amendment “search” involved in discovering the presence of such items. Assuming no previous unlawful search, the seizure of the items is presumptively reasonable if there is probable cause to associate them with criminal activity.
Read More →The requirement of the Fourth Amendment is that all searches be "reasonable." The Supreme Court has ruled that warrantless searches are presumed to be unreasonable, "subject only to a few specifically established and well-delineated exceptions."
Read More →After pussyfooting around the issue for years, the U.S. Supreme Court has finally come to a decision on what justifies a probation or parole search.
Read More →Any law enforcement entry into private premises, including a residence, or an office or other commercial area that is not open to the public, is governed by the Fourth Amendment. Officers may make lawful entry only in four ways, and the consequences of unlawful entry can include suppression of evidence and civil liability.
Read More →One of the "firmly established exceptions" to the warrant requirement for searches and seizures is the "consent exception."
Read More →The Fourth Amendment governs three forms of activity: searches (intrusions into privacy), seizures of the person (detentions and arrests), and seizures of property. If these acts are not authorized by judicial warrant, they must come within one or more of the court-created exceptions for warrantless search and seizure (Katz v. U.S.). One of these exceptions is called “plain view.”
Read More →There's always a risk that when a Supreme Court decision discusses two or more major points, those points may get blurred. One familiar example is Terry v. Ohio, which is often cited as the opinion that gave us the "stop and frisk" rule.
Read More →Most traffic stops are routine. You see a moving or equipment violation, make the stop, and issue a citation or warning. Everything’s over in 10 minutes or so.
Read More →Most officers are aware of the general rule on entering a suspect's home to arrest him or to search for evidence. These actions must be supported by either valid consent or a recognized exigency.
Read More →