jbenat wrote:By the way, a cop can search anyone suspected of a crime or of criminal intent without a warrant.
NEGATIVE!. mere suspicion is not sufficient. Generally a warrant is required to search a person; and no warrant shall be issued expect upon presentation of probable cause.To search without a warrant, one of the exceptions to the search warrant requirment must be present before a LEO can search.
They are;
1. Search incident to arrest. An person arrested can be searched.
2. Plain View. Contraband in plain view can be seized.
3. Terry Search. This is a pat down for weapons ONLY and can only be made of places where weapons could be.
4. Consent
5. Exigent Circumstances-To determine whether exigent circumstances justified police conduct, a court must review the totality of the circumstances, including the gravity of the underlying offense and whether the suspect was fleeing or trying to escape. However, the surrounding circumstances must be tantamount to an emergency. Shots fired, screams heard, or fire emanating from inside a building have all been considered sufficiently exigent to dispense with the Fourth Amendment's warrant requirement. (explanation from Findlaw.com)
6. Automobile Searches- Terry AND Carroll searches are allowed, and generally are more liberal in nature; however, Carroll does require PC.
