LSDefine
Simple English definitions for legal terms
A quick definition of emergency search:
Emergency search is when a
police officer searches someone or something without a warrant because they believe there is an urgent need to protect life or property and there is not enough time to get a warrant. This is only allowed if the officer has
probable cause.
A more thorough explanation:
An emergency search is a type of search conducted by a police officer without a warrant when there is probable cause and a need to protect life or property, and there is not enough time to obtain a warrant. For example, if a police officer sees someone breaking into a house and hears screams for help, they can conduct an emergency search without a warrant to find the suspect and ensure the safety of the people inside.
Other types of searches include:
- Consent search: A search conducted after a person with the authority to do so voluntarily waives Fourth Amendment rights. For example, if a police officer asks to search someone's car and the person agrees, it is a consent search.
- Protective search: A search of a detained suspect and the area within the suspect's immediate control, conducted to protect the arresting officer's safety and often to preserve evidence. For example, if a police officer arrests someone and searches them for weapons, it is a protective search.
- Warranted search: A search conducted under authority of a search warrant. For example, if a judge issues a warrant to search a suspect's home for drugs, it is a warranted search.
It is important to note that searches conducted without probable cause or other legal considerations are considered unreasonable and illegal. For example, if a police officer searches someone's car without a warrant or probable cause, it is an illegal search.
Emergency Preparedness and Response Directorate |
emergency-treatment doctrine