NCJ Number
116469
Date Published
1989
Length
36 pages
Annotation
While there are no fourth amendment provisions authorizing warrantless searches, the courts have recognized a number of circumstances in which evidence obtained without a warrant is admissible.
Abstract
Early on, courts authorized warrantless searches made incident to a lawful arrest. Under a recent U.S. Supreme Court decision, persons lawfully arrested may be searched and articles may be seized even if the articles are not connected with the crime. The search also may extend to areas within the arrestee's reach for weapons or evidence that might be destroyed or concealed. While fourth amendment rights may be freely and voluntarily waived, consent searches must be limited to the exact words or meaning of the consent, consent may be withdrawn by the consentor, and the person giving consent must have the legal capacity to do so. The courts also have authorized warrantless searches of movable vehicles or objects in cases where there is probable cause that would have justified issuance of a warrant and where facts indicate that a warrant may not be readily obtained. Additional exceptions include the plain view exception and evidence seized by a private person without the knowledge or acquiescence of an official. Some property, such as open fields, is not protected under the fourth amendment; and only the person whose rights are violated may challenge an illegal search. Finally, in some circumstances, officers may stop and frisk suspects absent a probable cause for arrest; and there is no Federal constitutional objection to the recording or transmitting of conversations with others if one of the parties agrees to the procedure. 89 footnotes.