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Criminal Procedure • Exclusionary Rule
CRIMPRO#015
Legal Definition
E.S.C.A.P.E.S.
The following are exceptions to the warrant requirement:
1. Evanescent Evidence, Hot Pursuit, and Special Needs Searches
2. Stop and Frisk
3. Consent
4. Automobile Exception
5. Plain View Doctrine
6. Evesdropping and Wiretapping
7. Search Incident to Arrest
The following are exceptions to the warrant requirement:
1. Evanescent Evidence, Hot Pursuit, and Special Needs Searches
2. Stop and Frisk
3. Consent
4. Automobile Exception
5. Plain View Doctrine
6. Evesdropping and Wiretapping
7. Search Incident to Arrest
Plain English Explanation
We'll do a deep dive into each of these in other cards, but here's a summary of the 7 exceptions to the requirement that the government must first get a warrant before performing a search of someone's body or property:
(1) When there is an emergency or some urgent circumstance, like chasing an armed robber through an apartment building, which may require entering people's homes without first getting a warrant.
(2) The stop and frisk exception, which enables police to stop people under certain conditions and then, if they feel there is a risk of the person they stopped being a threat, search their body or parts of their vehicle for weapons.
(3) Consent. This one is pretty obvious. If a cop knocks on your door and says, "Can I search your house?" and you say, "Yup!" and let them in, they don't need a warrant because you have invited their search.
(4) If police have probable cause to believe that a vehicle contains something criminal, they can search it without first getting a warrant. The rationale for this is because the vehicle can drive off during the time that an officer would need to go get a warrant and return.
(5) If an officer is somewhere they have a legal right to be, and from that position they can see evidence of a crime in plain view, then they can retrieve that evidence without having to get a warrant. For example, if a cop walks by a car on the street and sees an illegal firearm sitting on the passenger seat, they don't need a warrant to enter the vehicle and get the gun.
(6) If criminals talk about crimes so loud that someone can overhear and eavesdrop on those conversations, then no warrant is required to listen. Additionally, though wiretapping a phone line requires a warrant, wiretapping a person does not. In other words, if police place a wire on an informant, and a criminal chooses to confess crimes to that informant, the police don't need a warrant to listen or record from that wire.
(7) A search incident to arrest is a normal search that happens after someone is arrested. No warrant is needed.
(1) When there is an emergency or some urgent circumstance, like chasing an armed robber through an apartment building, which may require entering people's homes without first getting a warrant.
(2) The stop and frisk exception, which enables police to stop people under certain conditions and then, if they feel there is a risk of the person they stopped being a threat, search their body or parts of their vehicle for weapons.
(3) Consent. This one is pretty obvious. If a cop knocks on your door and says, "Can I search your house?" and you say, "Yup!" and let them in, they don't need a warrant because you have invited their search.
(4) If police have probable cause to believe that a vehicle contains something criminal, they can search it without first getting a warrant. The rationale for this is because the vehicle can drive off during the time that an officer would need to go get a warrant and return.
(5) If an officer is somewhere they have a legal right to be, and from that position they can see evidence of a crime in plain view, then they can retrieve that evidence without having to get a warrant. For example, if a cop walks by a car on the street and sees an illegal firearm sitting on the passenger seat, they don't need a warrant to enter the vehicle and get the gun.
(6) If criminals talk about crimes so loud that someone can overhear and eavesdrop on those conversations, then no warrant is required to listen. Additionally, though wiretapping a phone line requires a warrant, wiretapping a person does not. In other words, if police place a wire on an informant, and a criminal chooses to confess crimes to that informant, the police don't need a warrant to listen or record from that wire.
(7) A search incident to arrest is a normal search that happens after someone is arrested. No warrant is needed.
Related Concepts
What are special needs search exceptions to the warrant requirement?
What are the 5 exceptions to the fruit of the poisonous tree exclusionary rule?
What are the Terry stop and frisk rules?
What are the wiretapping and eavesdropping exceptions to the warrant requirement?
What does the 4th Amendment protect against?
What is a facially valid warrant?
What is the automobile exception to the warrant requirement?
What is the consent exception to the warrant requirement?
What is the evanescent evidence, and hot pursuit exception to the warrant requirement?
What is the exclusionary rule?
What is the fruit of the poisonous tree doctrine?
What is the good faith defense to an invalid warrant?
What is the harmless error rule?
What is the plain view exception to the warrant requirement?
What is the search incident to arrest exception to the warrant requirement?
What is the stop and frisk exception to the warrant requirement?
When are police checkpoints valid?
When are police excused from knocking and announcing?
When does a person have automatic standing and a reasonable expectation of privacy in a 4th Amendment violation claim?
When do individuals have no standing and no reasonable expectation of privacy in a 4th Amendment violation claim?
When is a warrant based on a tip by an informant sufficient?
When is the exclusionary rule inapplicable?