What could be an exception to the warrant requirement?
Asked by: Linda Barrows | Last update: November 16, 2025Score: 4.4/5 (16 votes)
The Exigent Circumstances Exception Law enforcement often responds to emergencies that may threaten public safety. In such situations, it is impractical to submit a warrant application where the delay could lead to substantial bodily harm, death, or destruction of evidence.
Which of the following are exceptions to the warrant requirement?
Some circumstances that may be considered “exigent” such that the police can run into a private building without a warrant include: When people are in imminent danger; when evidence is about to be destroyed; or When a felony suspect is about to escape.
What are the three requirements of the plain view exception to the warrant requirement?
Miller: So, the plain view exception to the warrant requirement has three requirements. The officer must see the item from a place he or she rightfully occupies; it's incriminating or evidentiary nature must be readily apparent to the officer; and, thirdly the officer must be able to lawfully access the evidence.
What are the 6 situations in which a warrantless search is valid?
- Searches Conducted Under Emergency Circumstances or in Hot Pursuit. ...
- Searches Conducted Under the Plain View Doctrine. ...
- Searches Incident to Lawful Arrest. ...
- Consent Searches.
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.
Fourth Amendment: Exceptions to the Warrant Requirement (Part I)
What are 3 exceptions to consent?
Aside from patient incompetence, there are three other legally sanctioned types of exceptions: (1) in an “emergency”, when there is insufficient time to pursue an informed consent, at least if one is to avoid significant morbidity and mortality to the patient in the interim; (2) when a competent patient “waives” the ...
What are exigent circumstances constitute an exception to the warrant requirement?
One exception recognized in California is the “exigent circumstances exception.” According to this exception, police do not need to meet the warrant requirement if exigent circumstances are present. Note that even if exigent circumstances, a warrantless entry is only constitutional if probable cause exists.
What is the Leon exception to the warrant requirement?
In Leon v. United States (1984), the Supreme Court ruled that search evidence is admissible so long as the seizing officer acted in objectively reasonable reliance on a search warrant, even if the warrant is later ruled invalid.
Which would justify a warrantless search?
Warrantless searches, seizures, and arrests may be justified by exigent circumstances. To determine whether they justified police conduct, a court reviews the totality of the circumstances. For example, it may include an analysis of the underlying offense and whether the suspect was fleeing or trying to escape.
Where is a search warrant not required?
If there is a reasonable expectation of privacy and there is not probable cause, a search warrant is required. However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.
What are the exceptions to the exclusionary rule?
Three exceptions to the exclusionary rule are "attenuation of the taint," "independent source," and "inevitable discovery."
Which of the following is not a valid court-recognized exception to search warrant requirements?
Final answer: The court-recognized exceptions to search warrant requirements include the Plain View Doctrine, Exigent Circumstances, and Consent of the Suspect. However, Forensic examination of seized media is not accepted as an exception because it requires additional considerations for privacy rights.
Under what circumstances does the plain view exception allow for evidence to be seized in Quizlet?
The plain view doctrine states that items that are within sight of an officer who is legally in the place from which the view is made may properly be seized without a warrant- as long as such items are immediately recognizable as a subject to seizure.
In which of the following situations is a warrant not necessary?
Exigent circumstances may arise in cases of hot pursuit, imminent danger to public safety, or the risk of evidence being destroyed or tampered with. In such cases, police officers may enter premises or conduct searches without a warrant to address the immediate threat.
Which exception to the warrant requirement is based on the premise that an item which is exposed to others cannot support a legitimate expectation of privacy?
See Horton v. California, 496 U.S. 128 (1990) . Public view: Since individuals have no reasonable expectation of privacy in things exposed to the public, items in public view may be seized without a warrant.
What is the administrative search exception to warrant requirement?
The courts have created exceptions to the warrant requirement for administrative searches. Under one exception, a warrant is not required when there are emergency circumstances such as the seizure of unwholesome food. Another exception is for inspections for pervasively regulated businesses.
What are the 5 major exceptions to the search warrant requirement?
- Exigent circumstances.
- Plain view.
- Search incident to arrest.
- Consent.
- Automobile exceptions.
- Special needs.
Can police come into your house without a warrant?
The answer is yes; in some cases, police can enter your property without your permission or a warrant, but not just because they want to. Understanding these specific exceptions is crucial for protecting your rights under California law.
What is the good faith exception?
If officers had reasonable, good faith belief that they were acting according to legal authority, such as by relying on a search warrant that is later found to have been legally defective , the illegally seized evidence is admissible under this exception.
What is the exigent circumstances exception to the warrant requirement?
United States v. Santana, 427 U.S. 38, 42–43 (1976); see also Birchfield v. North Dakota, 579 U.S. 438, 456 (2016) ( “The exigent circumstances exception allows a warrantless search when an emergency leaves police insufficient time to seek a warrant.
What are the exceptions to the warrant requirement in Texas?
Texas recognizes a number of statutory exceptions to the warrant requirement, as well as exceptions developed through case law. One statutory exception provides for the arrest of an individual who has committed an offense in the presence of the police officer. See Article 14.01, Texas Code of Criminal Procedure.
What is the hot pursuit exception to the warrant requirement?
The hot pursuit doctrine provides that police may pursue a fleeing suspect into a home without a warrant when they have probable cause to make an arrest and when that arrest was already in motion in a public place within their jurisdiction . See: United States v. Santana, 427 U.S. 38 (1976) .
What four situations justify a warrantless search?
For instance, a warrantless search may be lawful, if an officer has asked and is given consent to search; if the search is incident to a lawful arrest; if there is probable cause to search, and there is exigent circumstance calling for the warrantless search.
What is a police Terry stop?
Defined. A Terry stop is defined as “a brief, temporary involuntary detention of a person suspected of being involved in criminal activity for the purpose of investigating the potential criminal violation.
What is the totality of circumstances test?
The Totality of Circumstances Test helps hold business owners liable for negligent security when guests are harmed in a criminal act. The test helps prove that an owner had prior warning of a crime risk and didn't take action or warn customers.