Warrants to Search and Arrest
Warrant to Search and Arrest Someone
Under most circumstances, a police officer must obtain a warrant to search an offender’s private residence or car. There are some exceptions to this which include:
Exigent (emergency) circumstances
Stop and frisk
Searches incident to lawful arrest
Automobile searches
Consent searches
Searches based on plain view
Crimes committed in an officer’s presence
One of the exigent circumstances is that if the police are in a “hot-pursuit” of an offender(s). It could be that the offenders are shooting at the police and the police are shooting back, then the offenders take cover inside a home. With this the police would be able to enter into the residence to arrest the offenders. This would be allowable because the police were in hot-pursuit of the suspects.
The police would have to justify this search without a warrant and there are five requirements that they must meet to justify the search.
1. “The police must have probable cause that the suspect is on the premises to be searched.
2. The police must have reason to believe that an immediate apprehension is necessary.
3. Hot pursuit must be commenced from a lawful vantage point. For example, if officers wrongfully entered private property and commenced a pursuit from there, they could not claim hot pursuit.
4. The offense in question must be serious, usually a felony.
5. The pursuit must occur prior to or close to apprehension of the suspect. For example, officers cannot justify a search based on hot pursuit if they already have the suspect in custody. (Siegel, 2012)
Another is consent to search, when an individual gives a police officer permission to search without a warrant. These individuals are waiving their constitutional rights under the Fourth Amendment.
Courts are reluctant to accept that the offender consented to the search and therefore the burdon is placed upon the state to prove that a consent was granted. The consent must be voluntarily given it cannot
Under most circumstances, a police officer must obtain a warrant to search an offender’s private residence or car. There are some exceptions to this which include:
Exigent (emergency) circumstances
Stop and frisk
Searches incident to lawful arrest
Automobile searches
Consent searches
Searches based on plain view
Crimes committed in an officer’s presence
One of the exigent circumstances is that if the police are in a “hot-pursuit” of an offender(s). It could be that the offenders are shooting at the police and the police are shooting back, then the offenders take cover inside a home. With this the police would be able to enter into the residence to arrest the offenders. This would be allowable because the police were in hot-pursuit of the suspects.
The police would have to justify this search without a warrant and there are five requirements that they must meet to justify the search.
1. “The police must have probable cause that the suspect is on the premises to be searched.
2. The police must have reason to believe that an immediate apprehension is necessary.
3. Hot pursuit must be commenced from a lawful vantage point. For example, if officers wrongfully entered private property and commenced a pursuit from there, they could not claim hot pursuit.
4. The offense in question must be serious, usually a felony.
5. The pursuit must occur prior to or close to apprehension of the suspect. For example, officers cannot justify a search based on hot pursuit if they already have the suspect in custody. (Siegel, 2012)
Another is consent to search, when an individual gives a police officer permission to search without a warrant. These individuals are waiving their constitutional rights under the Fourth Amendment.
Courts are reluctant to accept that the offender consented to the search and therefore the burdon is placed upon the state to prove that a consent was granted. The consent must be voluntarily given it cannot