Valid searches and seizures without warrants


The Fourth Amendment: Protecting Your Privacy

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US Criminal Law/Search and seizure/Without a warrant

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Search and seizure - Wikipedia

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Search Incident to Arrest

Criminal Law. Search of evidence in plain view 3. Customs searches 6. Stop and frisk 7.

Exigent and emergency circumstances 8. Checkpoints 9. Republic Act requiring inspections or body checks in airports Emergency In times of war and within military operations. Arrest in flagrante delicto 2.

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Arrest effected in hot pursuit 3. Arrests of escaped prisoners.

Police Search and Seizure Limitations

It must be contemporaneous with the arrest in both time and place. Arrest must be lawful 2.


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The requisites are: 1. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judge may expressly authorize a forcible entry when facts are shown which are sufficient to create a reasonable suspicion of a violation of a state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards which, if such violation existed, would be an immediate threat to health or safety or when facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful.

When prior consent has been sought and refused, notice that a warrant has been issued shall be given at least 24 hours before the warrant is executed.

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Immediate execution of a warrant shall be prohibited except when necessary to prevent loss of life or property. Contains a plant pest;. Is located in an area that may reasonably be suspected of being infested or infected with a plant pest due to its proximity to a known infestation, or if it is reasonably exposed to infestation;. Contains animals affected with any animal pest or which have been exposed to and are liable to spread the animal pest; or.

Contains any other property that is liable to convey an animal pest. The trial court judge, upon examination of the application and proofs submitted, if satisfied that probable cause exists for the issuing of one or more agriculture warrants, shall issue such agriculture warrants with his or her signature and office affixed thereto.

Such agriculture warrants may be served and executed by employees of the department, with the assistance of third parties supervised by department employees, and shall authorize department employees with such assistance to undertake all actions authorized by the warrant.

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