Fourth Amendment Exceptions

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The Fourth Amendment "right of the people is to be secure in their persons, house, papers and effects against unreasonable searches and seizures" (Ferdico, Fradella and Totten 2009, 20)., however there are some exceptions to the search warrant requirement. "Exigent circumstances is a serious situation developing suddenly and unexpectedly that demand immediate action rather than conformity with the usual requirements of law" ( Ferdico, Fradella and Totten, 2009, 609). The Supreme Court has concluded that there should be exceptions to the Fourth Amendment because a balance needs to be struck between law enforcement and privacy of the citizens. There are five exceptions that I will address which include Plain View Exception, Automobile Exception, …show more content…
"Search Incident to Lawful Arrest has two requirements for a valid search: (1) a lawful, custodial arrest: and (2) contemporaneousness"( Ferdico, Fradella and Totten, 2009, 264). This exception is to protect the police and prevent evidence from being destroyed. "Under Chimel, police may search incident to arrest only the space within an arrestee's "immediate control", meaning the area from within which he might gain possession of a weapon or destroy evidence” ( ‘Arizona v Gant’, n.d.). The officer must be able to articulate probable cause that the person committed a crime. An example of Search incident to lawful arrest is an officer arrested the driver of a car that fled the scene of a drive by shooting. The officer has the right to search the driver and the wingspan of the area without a …show more content…
Based on the case Terry v Ohio came the Terry Stop. The Terry Stop is a "stop of a person by law enforcement officers based upon "reasonable suspicion" that a person may have been engaged in criminal activity, whereas an arrest requires "probable cause" that a suspect committed a criminal office" (‘Terry stop law & legal definition’, n.d.). A stop can lead to an actual arrest if the officers finds evidence during the frisk. A frisk would be a search of someone for weapons that would consist of a brief pat-down. An example of stop and frisk would be a situation where an individual is hanging around a high crime area. An officer stops the individual to question him and does a pat down to search for
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