Police and the Rule of Law
In our Chapter 6 reading, we learned about the different issues that law enforcement agents face, especially when apprehending individuals and collecting evidence. For example, some evidence may be inadmissible in court if the evidence were obtained illegally or are classified as an exception to the warrant requirement. This is to protect the suspected person per due process.
Based on the material from lecture and reading, define “probable cause” and give an example in which an officer may conclude that probable cause exists.
In addition, explain and identify two of the six exceptions to the warrant requirement officers must adhere by, and provide an example for each. Be sure that you: 1) explain your two exceptions, and 2) provide an example for each exception outlined. This is important especially when distinguishing the exceptions from one another.
Sample Solution
The other four exceptions to the warrant requirement are:- Plain view: This exception allows officers to search without a warrant if they see evidence in plain view. For example, if an officer is walking down the street and they see a gun sitting on a table in someone's open window, the officer can seize the gun without a warrant.
Full Answer Section
The other four exceptions to the warrant requirement are:- Plain view: This exception allows officers to search without a warrant if they see evidence in plain view. For example, if an officer is walking down the street and they see a gun sitting on a table in someone's open window, the officer can seize the gun without a warrant.
- Search incident to arrest: This exception allows officers to search a person who has been arrested for weapons or evidence related to the crime for which they were arrested. For example, if an officer arrests someone for robbery, the officer can search the person for a gun or other weapons that they may have used in the robbery.
- Automobile exception: This exception allows officers to search a car without a warrant if they have probable cause to believe that the car contains evidence of a crime. For example, if an officer sees a car speeding away from a robbery scene, the officer can search the car without a warrant because there is probable cause to believe that the car contains evidence of the robbery.
- Special needs: This exception allows officers to search without a warrant if there is a special need that outweighs the individual's right to privacy. For example, if an officer is searching a school for weapons, the officer may not need a warrant because there is a special need to protect the safety of the students.