ECPI University Exceptions to the Search Warrant Requirements Discussion – Description
As you have learned previously in this course, the 4th Amendment requires probable cause be present and a warrant to be obtained before a law enforcement officer is allowed to search private property and seize evidence. However, many U.S. Supreme Court cases have limited this requirement and created exceptions to the warrant requirement. This week, you have explored various exceptions to the search warrant requirement, including consent searches; plain view; search incident to arrest; emergency search; and automobile search.
Imagine this scenario: You are a law enforcement officer, and you pull over a car for failing to fully stop at a stop sign. As you approach the driver’s window and shine your flashlight into the vehicle, you see laying on the backseat two rifles. Your experience and expertise tells you that these appear to be AK-47 automatic rifles. According to a strict reading of the 4th Amendment, you cannot seize those “plain view” weapons but, rather, have to hit the “pause” button, obtain a search warrant, and then seize the property. What are the odds that the car and weapons will still be sitting there after you go through the process of obtaining the warrant? Zero! This is an example of a situation where an exception to the warrant requirement is necessary.
Instructions
Part A: Create one scenario where a search warrant would be required. Explain why a warrant is required in this scenario.
Part B: Create a scenario that illustrates each of the following listed exceptions to the search warrant requirement.
The consent search exception
The plain view exception
The search incident to arrest exception
The emergency search exception
The automobile search exception
Each of your scenarios should include the facts of the incident, the law enforcement officer’s response to that incident, and an explanation of why a warrant is required or how an exception applies in that situation.
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