Fourth Amendment Exceptions Summary Essay Example for Free

Fourth Amendment Exceptions Summary EssayThe Fourth Amendment of the United States ecesis requires that no search or seizure shall be carried out unless a warrant has been issued. The exceptions are searches with swallow, frisks, bleak feel/plain view, incident to arrest, automobile exceptions, exigent circumstances and open fields, abandoned property and everyday place exceptions (Harr, Hess, 2006, p. 219). Consent to search any property moldiness be given by t actual owners or, as set forth in the United States v Matlock (1974) by a soul in charge of that property. If, for instance more than one person owns a property, only one of those individuals must give consent. There are exceptions to that rule as well. Only commonly shared areas of that property whitethorn be searched (Harr,Hess, 2006). Take for instance a family living in an apartment which comprises of a husband, wife and infant to the man. The sister would give consent for common areas, such as the living room, den, kitchen, and bathroom, to be searched and she cannot give consent to allowing the bedroom of the brother and sister in-law to be searched.The husband, on the other hand, could consent to having the bedroom searched because it is thither joint bedroom and is not off-limits to him. Other conditions on the searches incident to arrest exception hold the use of force, the search of other individuals with the arrested individual, searching the vehicle of an arrest person, contemporaneousness and inventory searches if a organization agent has probable cause to believe the vehicle contains contraband or evidence of a abuse without a warrant because in the time it would take to get a warrant, the car, driver and contraband or evidence could be long gone (Harr, Hess, 2006. p. 231). The 1981 case of Robbins v. California saw the justifications for searching without a warrant. Those specifications accommodate that the mobility of vehicles produce exigent circumstances.