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@rollcall50
In the context of a mental-health seizure, "[w]hen an officer stops an individual to ascertain that person's mental state (rather than to investigate suspected criminal activity), the Fourth Amendment requires the officer to have probable cause to believe the person is dangerous either to himself or to others."
Entry into the home during a hot pursuit to arrest suspect for misdemeanor traffic violation does not violate 4th Amendment,
4th Amendment Exceptions to search warrant requirement
Police do not need a search warrant, or even probable cause, to perform a limited search of a suspect's outer clothing for weapons, if police have a reasonable suspicion to justify the intrusion—a Terry "stop and frisk".
Under The Border Search Exception custom and immigration officers are not required to have a warrant or probable cause to conduct searches and seizures at international borders and their functional equivalents.
This doctrine is not actually an exception to the Fourth Amendment, but rather to the Amendment's requirement for a warrant or probable cause. Balanced against the sovereign's interests at the border are the Fourth Amendment rights of entrants. Not only is the expectation of privacy less at the border than in the interior, the Fourth Amendment balance between the interests of the Government and the privacy right of the individual is also struck much more favorably to the Government at the border. This balance at international borders means that routine searches are "reasonable" there, and therefore do not violate the Fourth Amendment's proscription against "unreasonable searches and seizures".
Certain cases don't require a search warrant, such as where a person in control of the object or property gives consent. Some commonly cited exigent circumstances are: hot pursuit of a felon (to prevent a felon's escape or ability to harm others); imminent destruction of evidence before a warrant can be properly obtained; emergency searches (such as where someone is heard screaming for help inside a dwelling); or a search incident to arrest (to mitigate the risk of harm to the arresting officers specifically).[8]
Another exception is when evidence is in plain view. In such a case, the officer is legitimately on the premises, his observation is from a legitimate vantage point, and it is immediately obvious that the evidence is contraband. The plain view rule applies—for example—when the officer has pulled the suspect over for a seat belt violation and sees a syringe full of heroin on the passenger seat.
As first established by Carroll v. United States, police are allowed to search a vehicle without a search warrant when they have probable cause to believe that evidence or contraband is located in a vehicle.[9][10] When police arrest an individual shortly after the individual has exited a vehicle, the police may conduct a full search of the suspect's person, any area within that person's immediate reach, and the passenger compartment of the recently occupied vehicle for weapons or any other contraband. However, Arizona v. Gant limits such searches to circumstances where the arrested person could have accessed the vehicle, or when the vehicle could contain evidence of the crime the person is arrested for.[11]
If the subject is arrested in a home, police may search the room where they arrested the subject, and conduct a "protective sweep" of the premises if they reasonably suspect that other individuals may be hiding. The laws also allow searches in emergencies where the public is in danger.
With rented property, a landlord may refuse to allow law enforcement to search a tenant's apartment without a search warrant, and police must obtain a warrant under the same guidelines as if it were a tenant's own home. In some jurisdictions, police may search a hotel room with permission of hotel management but without permission of the guest and without a warrant
Police generally may not, without a warrant, search digital information on a cell phone seized from an individual who has been arrested.
"Police officers who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed somewhere within it may conduct a warrantless search of the vehicle that is as thorough as a magistrate could authorize by warrant." This includes searching containers found within the vehicle.
https://en.wikipedia.org/wiki/Carroll_v._United_States
A police officer who stops a car based on a reasonable though mistaken understanding of the law does not violate the Fourth Amendment to the United States Constitution
The Fourth Amendment, made applicable to the States by the Fourteenth Amendment, prohibits the police from making a warrantless and nonconsensual entry into a suspect's home in order to make a routine felony arrest.
Automobile passengers are “seized” within the meaning of the Fourth Amendment when the car in which they are riding is held at a law enforcement traffic stop. California Supreme Court vacated and remanded.
Police may conduct a patdown search of a passenger in a stopped automobile if they reasonably suspect that the passenger is armed and dangerous.
An arresting officer may search only the area "within the immediate control" of the person arrested, meaning the area from which he might gain possession of a weapon or destructible evidence. Any other search of the surrounding area requires a search warrant.
Peace Officers Memorial Day -May 15
In 1962, President John F. Kennedy signed a proclamation which designated May 15 as Peace Officers Memorial Day and the week in which that date falls as Police Week.
Miranda warnings were merely intended to prevent violations of the Constitution, and that because Patane's un-Mirandized testimony was not admitted at trial the Constitution (specifically the Fifth Amendment's protection against self-incrimination) had not been violated. Physical evidence obtained from un-Mirandized statements, as long as those statements were not forced by police, were constitutionally admissible.
(1996)- The court ruled that the objective not subjective reasons for making traffic stops should be considered. An officer's intent or motivation to make a traffic stop is not relevant to the Fourth Amendment standard of "reasonableness".
The warrantless search of a car does not violate the Constitution. The mobility of the automobile makes it impracticable to get a search warrant.
