Warrantless Searches Flashcards
1
Q
Warrantless searches are illegal unless
A
- Consented to
- Incident to a lawful arrest
- Exigent circumstances
2
Q
Exigent Circumstances Illinois v MacArthur
A
A police officer refusal to all defendant to enter residence with a police officer until a search warrant was obtained was a reasonable seizure and did not violate 4th amendment
3
Q
US v Ross
A
A warrantless search is no broader or no narrower than a magistrate could legitimately authorized by a warrant. There is not more probable cause required for a warrantless search then a search with a warrant
4
Q
Warrantless Searches
A
A search incident to arrest Valid stop and frisk Where exigent circumstances exist Valid consent Open fields
