NCJ Number
14834
Journal
FBI Law Enforcement Bulletin Volume: 43 Issue: 8 Dated: (AUGUST 1974) Pages: 25-30
Date Published
1974
Length
6 pages
Annotation
DISCUSSION OF THE CIRCUMSTANCES UNDER WHICH POLICE OFFICERS MAY CONDUCT A WARRANTLESS POST-ARREST PROTECTIVE SEARCH.
Abstract
MAJOR STATE AND FEDERAL COURT DECISIONS ARE CITED TO DEFINE THIS LEGAL QUESTION. VARIOUS COURT RULINGS HAVE SET PRECEDENTS FOR PROTECTIVE SWEEPS IN RELATION TO SEARCHES FOR WEAPONS, PHYSICAL EVIDENCE, AND ACCOMPLICES OR CONFEDERATES. THIS SIGNIFICANT EXCEPTION TO THE WARRANT REQUIREMENT IS DISCUSSED IN RELATION TO THE 'PLAIN VIEW DOCTRINE' GOVERNING EVIDENCE AND THE 'EXIGENT CIRCUMSTANCES' QUALIFICATION. THE PLAIN VIEW DOCTRINE AUTHORIZES THE SEIZURE OF EVIDENCE INADVERTENTLY DISCOVERED IN OPEN VIEW BY AN OFFICER WHO IS LAWFULLY PRESENT. 'EXIGENT CIRCUMSTANCES IS DEFINED AS A SITUATION WHERE THE DELAY IN THE COURSE OF INVESTIGATION WOULD GRAVELY ENDANGER THE LIFE OF THE POLICE OFFICER OR THE LIVES OF OTHERS.