07-16-2004, 03:50 PM
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#37
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GATA
OVR: 19
Join Date: Jul 2002
Location: Madison, AL
Posts: 4,499
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Re: $200 COPY OF NCAA
Quote:
TheGhost said:
I'm a lawyer (although I don't practice criminal law) and I can tell you that a warrant is not always required for a search. There are exceptions. I can't remember them all, but I know that if a cop pulls you over and a cloud of marijuana smoke pours out of your car, he doesn't need to go get a warrant to search your car. I think it's the probable cause standard. The protection against cops willy-nilly searching people is that the evidence gets tossed if there was not sufficient probable cause. A cop can always ask if they can search - if you consent, then the search is valid regardless of probable cause.
By the way, it's not different from state to state. The protection against unreasonable searches is afforded to us by the Fourth Amendment of the US Constitution.
What you mention is the plain site/view/smell exception. There are others, here are some i remember.
incident to arrest.
moving vehicle.
consent
hot persuit
customs
abandon property
exigent and emergency circumstances.
This has become CJ 101 - Prob gonna lock it up. I will let someone get the last word if they can type fast enough.
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