Question

Discuss at least five exceptions to the search warrant requirement.

Answer 1

The process of preparing search warrent may takes sometime. This is not possible to wait for warrent under emergency conditions. To overcome this problem court gave some exceptions to the search warrent requirements. Some of those are

1.AUTO MOBILE EXCEPTION

2.PLAIN VIEW EXCEPTION

3.EMERGENCIES OR HOT PURSUIT

4.STOP AND FRISK

5.CONSENT

6.SEARCH INCIDENT TO LAWFUL ARREST

1.AUTOMOBILE EXCEPTION:

  If policemen recieved information about an illegal vehicle. It is big task to find exact vehicle because vehicle in city are highly mobile. Then policemen have the right to seach each and every vehicle on suspected road.

2.PLAIN VIEW EXCEPTION:

  If illegal weapons,things,black money etc., are in clearly visible plain view to the policemen then they have right to seize them and arrest related persons. If policemen searching a house for suspect, In this process they found a illegal weapon then they have the right to seize that gun and arrest that gun's owner.

3.EMERGENCIES OR HOT PURSUIT:

   If policemen thought that evidence can easily manipulate, change,move etc., in the process of waiting for the search warrant then policemen can go forward without search warrant.

4.STOP AND FRISK:

Suppose When policemen reached to the murder spot they find a suspect, eventhough policemen don't have the conformation and warrant they can stop and ask him. Suspect have to answer them and wait on the requirement of policemen.

5.CONSENT:

If any significant person gave information to policemen about a person then policemen have the right to search the person's properties and belongings without search warrant.

6.SEARCH INCIDENT TO LAWFUL ARREST:

  If policemen arrested a person lawfully then they have the right to search his belongings, house, property, vehicle etc.,