What are two exceptions to the warrant requirement?

What are the four requirements for a warrant?

A valid warrant requires being supported by an oath/affirmation, showing probable cause, describing the place/items with particularity, and being issued by a neutral and detached magistrate. These core rules, rooted in the Fourth Amendment, ensure searches are reasonable and not based on mere suspicion, protecting privacy rights.
 

What is the special needs exception to the warrant requirement?

Martin J. King J.D. This article describes the “special needs” exception which applies to searches and seizures conducted without individualized suspicion for the purpose of minimizing a risk of harm.

Is hot pursuit an exception to the warrant requirement?

See: United States v. Santana, 427 U.S. 38 (1976). Hot pursuit is an exception to the Fourth Amendment's search warrant requirement which provides that police officers need an arrest warrant before they can enter a home to make an arrest.

What is the emergency exception to the warrant requirement?

In Brigham City v. Stuart, 547 U. S. 398, 400, the Court held that the Fourth Amendment allows police officers to enter a home without a warrant if they have an “objectively reasonable basis for believing” that someone inside needs emergency assistance.

Is there a right to travel without a driver's license in the United States?

Yes, there's a constitutional right to travel in the U.S., but it's for moving between locations, not a right to operate a vehicle on public roads without following state laws, like getting a driver's license, which are considered reasonable safety regulations, not infringements on liberty, meaning you generally need a license to drive. Courts uphold the right to move freely but allow states to require licenses, registration, and insurance for operating cars, viewing these as conditions for using public highways, not a ban on travel itself. 

What are the two things that need to be given in a warrant?

For the police to get a search warrant, they must have enough information – probable cause – to explain to a judge that a crime has likely been committed, and that evidence of a crime is likely to be found at a specific location.

What is the exception to the warrant requirement for administrative searches?

Under the administrative search exception, “government investigators conducting searches pursuant to a regulatory scheme need not adhere to the usual warrant or probable-cause requirements as long as their searches meet 'reasonable legislative or administrative standards.

Is consent an exception to the warrant requirement?

Consent is a reasonable exception to the warrant requirement. With voluntary consent from someone who has actual or apparent authority over the place to be searched, agents do not need probable cause or a warrant.

What are the three requirements of a valid warrant?

A valid warrant requires three core elements under the Fourth Amendment: probable cause (reliable facts showing a crime occurred and evidence exists), particularity (specific description of the place to search and items to seize), and issuance by a neutral and detached magistrate (an impartial judge) based on sworn testimony. These ensure searches are reasonable, not overly broad, and judicially approved, protecting against unreasonable searches and seizures.
 

What are the three exceptions to the exclusionary rule?

Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."

What are the exceptions to a warrant requirement?

Hot Pursuit and Exigent Circumstances

If the police are pursuing a suspect and the suspect enters private property, then the police can continue the pursuit and enter the private property without stopping to obtain a warrant. Exigent circumstances are circumstances that require immediate action.

What is the emergency exception?

The emergency exception is just that--an exception limited to emergencies. These may be in the emergency room, or they may involve patients in the hospital who have an unexpected event such as a cardiac arrest. The emergency exception does not apply to an incompetent patient in need of routine care.

What are the 4 types of probable cause?

The four major sources for establishing probable cause are Personal Observation, Information (from informants, victims, etc.), Evidence (like items in plain view or found through expertise), and sometimes Association with known criminals in criminal settings, all pointing to a fair probability that a crime occurred or evidence exists, requiring more than just suspicion for arrests or searches. 

What are five exceptions to the requirement that officers must obtain a search warrant?

Exceptions to Warrant Requirement

• Overview of Exceptions to Warrant Requirement.
• Consent Searches.
• Exigent Circumstances and Warrants.
• Warrantless Searches Dependent on Probable Cause. Search Incident to Arrest Doctrine. ...
• Warrantless Searches Not Dependent on Probable Cause. ...
• Special Needs Doctrine.

What is the exigent circumstances exception to the warrant requirement?

They usually exist in those scenarios where a police officer holds a reasonable belief that they have to act fast in order to prevent: imminent danger to someone or some property, the destruction of contraband or the evidence of a crime, a fleeing suspect from getting away.

Why is the Terry v. Ohio case important?

In June 1968, the United States Supreme Court affirmed the conviction and set a precedent that allows police officers to interrogate and frisk suspicious individuals without probable cause for an arrest, providing that the officer can articulate a reasonable basis for the stop and frisk.

Which of the following is not an exception to the warrant requirement?

A search based on an informant tip: This is not a standalone exception to the warrant requirement.

What is the emergency aid exception to a warrant?

In his brief at the Supreme Court, Case urges the justices to hold that “to make a warrantless home entry on emergency-aid grounds, the State must have probable cause to believe someone is in urgent need of help.” He emphasizes that as a general matter, police must have a warrant, supported by probable cause, to enter ...

What four things does a warrant need to have?

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things ...