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Search and Seizure Case (Doc)

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Added on  2020-05-16

Search and Seizure Case (Doc)

   Added on 2020-05-16

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Running head: SEARCH AND SEIZURE Search and Seizure Name of the StudentName of the UniversityAuthor note
Search and Seizure Case (Doc)_1
1SEARCH AND SEIZURE The six major exception in relation to warrant requirements in relation to the rule of search andseizure provided through the fourth amendment. These exceptions are as follows. 1.Search incident in relation to lawful arrestAn incident which involves a lawful arrest does not need a warrant. To make it simple,where a person has been lawfully arrested, the police has the right to search the person orany area in relation to the surrounding of that person within his or her reach. This wasalso discussed by the court in the case of Chimel v. California, 395 U.S. 752 (1969). Theexception to the rule is fair as search has to be permitted in from of a protective measurein relation to securing evidence and police safety.2.Exception of plain viewWhen the evidence is in plain view there is no warrant required to seize the evidence.However for this the police has to be present in a legitimate manner from where theevidence may be seized. Thus a police cannot enter the house of a suspect in an illegalmanner and seize an evidence which is in plain view. However the police when have awarrant to search for something can seize any other thing which is in plain view. Thisexpectation is also reasonable as it is not violating the right of the person as warrant isalready present (Renan, 2016). 3.Exception of consent When a person has given consent in relation to the search process who the police officerreasonably believes to have authority a search warrant may not be required. Thus if thewife or husband of the suspect provides permission to the police to search an apartmentthan the police does not require a warrant as also discussed in Illinois v. Rodriguez, 497
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