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Simple English definitions for legal terms
warrantless search
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A quick definition of warrantless search:
A warrantless search is when a police officer looks for evidence of a crime without getting permission from a judge first. Usually, they need a good reason to do this, like if they think someone is in danger or if they're arresting someone. There are other types of searches too, like when someone gives permission for the police to look, or when the police need to search a place to make sure it's following safety rules.A more thorough explanation:
Definition: A search conducted without obtaining a proper warrant. Warrantless searches are permissible under exigent circumstances or when conducted incident to an arrest.
Examples:
- A police officer stops a person on the street and searches their pockets without a warrant because they have probable cause to believe the person is carrying drugs.
- During a traffic stop, a police officer searches the car without a warrant because they have probable cause to believe the driver is transporting illegal weapons.
- Police officers enter a home without a warrant to prevent a person from harming themselves or others.
These examples illustrate how a warrantless search can be conducted under certain circumstances, such as when there is probable cause or an emergency situation. However, the Fourth Amendment prohibits unreasonable searches, so the legality of a warrantless search will depend on the specific circumstances and whether it was conducted in a reasonable manner.