During the field interview, the officer may conduct a pat-down search of the outer garments for weapons if the officer has a reasonable fear for his or her own safety as well as that of others.
If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law. Evidence gathered on the basis of illegally obtained evidence known as "fruit of the poisonous tree" will also be excluded.
Last reviewed October Criminal Law Contents. Common exceptions to the warrant requirement include: Consent. Police may conduct a search without a search warrant if they obtain consent. Consent must be freely and voluntarily given by a person with a reasonable expectation of privacy in the area or property to be searched. Plain View. An officer may seize evidence without a warrant if an officer is on the premises lawfully and the evidence is found in plain view.
Search incident to arrest. While conducting a lawful arrest, an officer may search an individual's person and their immediate surroundings for weapons or other items that may harm the officer. If a person is arrested in or near a vehicle, the officer has the right to search the passenger compartment of that vehicle.
Exigent Circumstances. Police are not required to obtain a search warrant if they reasonably believe that evidence may be destroyed or others may be placed in danger in the time it would take to secure the warrant.
Automobile Exception. An officer may search a vehicle if they have a reasonable belief that contraband is contained inside the vehicle. Hot Pursuit. Please help us improve our site! No thank you.
LII Wex unreasonable search and seizure. An unreasonable search and seizure is unconstitutional as it violates the Fourth Amendment.
Further, evidence obtained from the unlawful search may not be introduced in court. Police can search beyond the scope of a warrant to stop the destruction of evidence, if their initial search reveals the potential for additional evidence in other locations on the same property, or to find more evidence indicated by what is in plain view.
Normally, police officers executing a search warrant must first knock and announce their identity and intent. They must wait a reasonable amount of time to allow an occupant to open the door. Only after waiting may the police force entry.
On the other hand, police may sometimes disregard this knock-and-announce rule. The Supreme Court held in Richards v. Wisconsin, U. What is considered probable cause in New Jersey is based on U. Supreme Court rulings as well as cases decided in New Jersey. Probable cause is a common-sense, practical standard that is supposed to be flexible.
To obtain a warrant, the standard is met when there is a well-grounded suspicion that would lead a reasonable person to believe the law has been or is about to be violated.
The existence of probable cause is judged by a standard of objective reasonableness based on the totality of facts existing at the time that the affidavits seeking a warrant are filed. Probable cause requires a showing of facts. Assertions made by police that are simply beliefs are not enough to support a search warrant. Police sometimes cite outdated or stale information when seeking a search warrant.
Probable cause does not exist if the facts presented to support a finding are stale or outdated.
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