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Simple English definitions for legal terms

warrantless

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A quick definition of warrantless:

Warrantless means that government officers can search or arrest someone without getting permission from a judge first. Usually, officers need a warrant to search or arrest someone to protect people's privacy. But there are some exceptions where officers can do it without a warrant. For example, if they see something illegal in plain view or if they think someone is in danger. However, evidence obtained without a warrant is usually not allowed in court unless it falls under one of these exceptions.

A more thorough explanation:

Warrantless means that government officers carry out a search or arrest without a warrant or any other legal authorization. This means that they do not have permission from a judge to search or arrest someone. The requirement of a warrant serves to protect individuals’ privacy interests against unreasonable governmental intrusion. Evidence obtained without a warrant is per se unreasonably seized and should be excluded unless it falls under the exceptions that permit a warrantless search and arrest.

  • Plain View Doctrine: If an officer is lawfully on the premises or stops the vehicle for a lawful purpose, and “the incriminating character of the item is immediately apparent,” the officers can seize that in plain view, even if it is not on the warrant list.
  • Exigent Circumstances: Officers will take immediate actions to secure a warrant or they may search warrantless if they believe that failing to do so will cause the destruction of evidence, threaten public safety, or cause a suspect to flee.
  • Consent: A third party with possessory rights of the property may have authority to consent to a search if consent is voluntarily given.
  • Automobiles: If the officer has probable cause to believe that an automobile contains evidence of a crime or contraband, they can search automobiles, including the trunk and luggage, or other containers which may reasonably contain evidence or contraband, without a warrant.
  • Stop and frisk: If officers have reasonable suspicion that a crime is occurring, they can stop a suspect for weapons to ensure their safety.
  • Arrest: A search incident leading to an arrest may not require a warrant. If the officer just searches a suspect’s immediate surroundings to prevent destruction of evidence or secure safety of themselves or nearby people.

For example, if a police officer pulls over a car for speeding and sees a gun on the passenger seat, they can seize the gun without a warrant because it is in plain view. Another example is if a police officer is chasing a suspect and the suspect runs into a house, the officer can enter the house without a warrant to prevent the suspect from escaping.

These exceptions are important because they allow law enforcement to act quickly in situations where waiting for a warrant could result in harm to the public or the destruction of evidence. However, they must still follow the Fourth Amendment and ensure that their actions are reasonable and justified.

warrant | Warranty

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
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@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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