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What doctrine allows police to search an automobile without a warrant if a delay might result in a loss of evidence?
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The plain touch doctrine allowws seizure of evidence from a suspect without a warrant but limits the purpose of the search that discovers the evidence to look for?
Weapons.
Who first stated the plain view doctrine?
The plain view doctrine was first articulated by the United States Supreme Court in the 1967 case of Coolidge v. New Hampshire. The doctrine allows law enforcement officers to seize evidence without a warrant if it is in plain view and the officer has a lawful right of access to the object.
Can police search cell phones for evidence without first needing a warrant?
Well, if the police department thinks that a cell phone may hold important evidence, then there is no need for a warrant. By the time the warrant is issued, the evidence may have been already destroyed or deleted.
Can the internet be tapped and used for evidence without warrant?
Unlike the telephone, information posted on the internet is open to the public. Anyone can view it, it is not necessary to "tap" it, and the police can collect it and use it as evidence without a warrant, much as they could watch your behavior in public and use it as evidence.
When is electronic evidence usually inadmissible?
Electronic or digital evidence is often inadmissible if it was obtained without any authorization whatsoever. Without a warrant even solid evidence can be rendered useless.
When can law enforcement collect evidence without a warrant?
An officer of the law can only search for evidence if they have reasonable cause in doing so. All persons do however have the right to see a warrant before allowing a search, which is their right. All officers are aware of this, however, and if asked will produce a warrant. Without this warrant the evidence may be inadmissible in the court of law.Law Enforcement does not have to show you the warrantprior to serving it, or arresting you. Simply the knowledge that the warrant exists is sufficient for them to conduct their activity.They must, however, leave a copy of a search warrant at the residence, if it was a search warrant for a home, and an inventory of things taken, if any.
According to the Forth Amendment, what can't police do?
Use evidence in court if they obtained it without a warrant
If the search warrant is wrong can the police still used the evidence they found against you?
No. If the search warrant is invalid and they illegally searched you or someone you know (like without reasonable cause, or without the warrant) then they can't use any evidence against you. To the best of my knowledge, anyways. I don't know how many ways a search warrant can be wrong though...if they were searching for like, pot, but found cocaine, they CAN use that though. Or a gun, or something like that. If they have the warrant, they can use it. If they searched without the warrant, its invalid and inadmissible 100%.
What is needed to acquire a house search warrant?
A search cannot be conducted without a warrant, which cannot be obtained without evidence of reasonable suspicion. This reasonable suspicion is often referred to as probable cause.
Can police seize evidence in sight without a search warrant?
Yes. It is usually referred to as 'plain view.'
What is a general warrant?
A general warrant, whereby and officer may be commanded to search suspected places without evidence of a fact committed, or to seize persons not names, or whose offense is not suppoted by evidence, are grievous and oppressive and ought not be granted.
If the police broke into a person and home illegally to look for evidence that could be?
To come into a home the police need a search warrant to search. Without the warrant the evidence is not admissible in court. It would be an illegal search.
