Name ______Period ____
When can the police search without a warrant?
4th Amendment
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Directions: Write an example of each exception to the 4th amendment. Explain an example that would allow the police to search without a warrant for each one.
1. “Stop and Frisk”: A police officer may stop and question a person if the officer has reason to believe that the person has committed, is committing, or is about to commit a crime. If the officer fears for his/her safety, s/he may also frisk the person for weapons by patting down the outside of the person’s clothing. These searches must be kept within reason.
Example: A person is pacing back and forth in front of a store window at 2:00 AM. The police can stop the person for questioning and frisk him/her to be sure there is no______weapon.______
2. “Lawful Arrest”: After a lawful arrest the police may search a person without a warrant. The arrest must have a strong basis for belief in guilt.
Example: ______
______
______
______
3. “Hot Pursuit”: When the police chase a suspect, usually after a crime has been committed, the police may chase a suspect into areas where a search warrant is normally required.
Example: ______
______
______
______
4. “Exigent Circumstances”: This allows the police to enter a building without a search warrant to prevent dangerous or illegal activity. The officer must have reasonable suspicion, by personal observation or by reliable information, that something illegal is taking place.
Example: ______
______
______
______
5. “Consent”: The police can search a building or person if the person says it is o.k. The police cannot search a house without a warrant or permission from the owner.
Example: ______
______
______
______
6. “Plain View”: An officer can seize illegal goods in plain view even if the search warrant does not specify it.
Example: ______
______
______
______