Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

warrantless

Read a random definition: letters close

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

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
LSD+ is ad-free, with DMs, discounts, case briefs & more.