Simple English definitions for legal terms
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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.
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.
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.