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What requirements in a warrant are overriden by items in plain view?
Items in plain view can be seized without obtaining a search warrant.
Make a sentence with the word plain?
Elements can contain plain text, other elements, or both.
What are some exceptions to search warrants?
Actually, there are more like 6 exceptions to the warrant requirement. They are: (1)stop and frisk situation--also known as a terry stop (2)when the police have the consent of the individual or someone who also lives in the house (3)when the search involves an automobile (4)when the illegal item is in plain view and the police are on the property pursuant to a proper search warrant (5)when the search is incident to an arrest (6)and when there is an emergency type situation such as in hot pursuit of a suspect or there is the fear that the individual may destroy evidence before a search warrant can be obtained.
When can you arrest someone for a felony with out a search warrant?
Yes. Enforcement officers do not need a search warrant in a variety of instances. If there is consent to a search, you do not need a warrant. If something is in plain view, you do not need a warrant. Also, warrants are not needed in emergency situations when the public safety is in danger.
Is the western part of Europe is a flat plain?
Western Europe is mostly plain with the exception of the Iberian Peninsula, Italy, Switzerland, Liechtenstein, and Austria.
What searches of homes without a warrant would be upheld?
Plain view, exigent circumstances, search with consent.
Can police seize evidence in sight without a search warrant?
Yes. It is usually referred to as 'plain view.'
Can you be searched in your home for drugs?
It is possible that if the police were there at the time the drugs were sold then an exigent circumstance exception could apply. However that is not normally the case. Most often the information about drug sales are presented to a magistrate and a warrant is obtained. The police may then do a controlled buy to confirm drugs are in the house immediately prior to the warrant service.
Which amendment applies to this scenario In most circumstances the police must have a warrant before they can conduct a search.?
The fourth amendment to the U.S. Constitution refers to searches and stipulates that a warrant must be obtained prior to a search. However, there are seven recognized exceptions: 1. Consent 2. Plain view 3. Incident to arrest 4. Motor vehicle exception 5. Exigent circumstances 6. Caretaker function 7. Inventory search
Is a car in an open garage considered to be in plain view?
Yes ... you can see it ... anyone can see it ... it is in plain view. However, it is on private property and a warrant may be required to remove it unless it is being repossessed.
During a search warrant are the police allowed to charge an individual that was not listed on the search warrant the same charges as the person that was listed?
In Canada and most of the United States, the answer is "yes", as long as the Police did not exceed the scope of the warrant when they discovered the evidence of the new offense. For example, if a search warrant is issued to search your house for a suspected marijuana growing operation, and in the course of that search the Police find several fake credit cards, those cards are admissible as evidence of credit card fraud. Some jurisdictions either require or make a precautionary habit of calling a Judge to expand a warrant's scope during the search if they find something not covered in the original warrant, however that is the rare exception. Also, both SCOTUS and the Supreme Court of Canada have both held that their respective versions of the "Plain Sight" rule apply to evidence discovered in the course of executing an unrelated warrant. For instance, if the Police have a warrant to search only one bedroom of a boarding house, but there is a crack pipe on the hall table, that crack pipe is perfectly admissible under Plain Sight, even though it is inside a private residence.
If police enter your home with a search warrant why would they then ask for consent to search?
If their search is conducted completely in conformance to the wording of the warrant they can only search for and seize what the warrant allows AND anything else which lies IN PLAIN SIGHT. If they obtain your consent to conduct a search, they may search ANYWHERE and seize ANYTHING they find that is of an unlawful, or illegal nature.
