Police Requirements for Certain Tasks
• Search a home suspected of containing marijuana:
If the police suspect that a home contains marijuana, they must first obtain a search warrant under the Fourth Amendment, unless there are exigent circumstances such as destruction of evidence, hot pursuit, or some other exception that applies.
Although the Fourth Amendment protects a man’s home, neither the home nor all the surrounding objects are beyond the capacity of being searched under proper circumstances. If the police officers possess a search warrant to search a particular home, the warrant may extend to include vehicles parked within the structure and those parked nearby if the objects of the search warrant …show more content…
Although the Fourth Amendment states that no warrants will be issued unless there is probable cause, the reality is that the Supreme Court has determined that a warrant is not a usual requirement of a vehicle search; this is because of the mobility of vehicles and jurisdictions.
A police officer may make a limited warrantless search of moving vehicles in the absence of any probable cause where the government (police) is searching for evidence of alcohol or drug impairment by the vehicle’s driver. The case of Michigan v. Sitz, 496 U.S. 444 (1990) gave approval to this practice in which police stopped all vehicles passing through a checkpoint as a way to screen for alcohol-impaired drivers. This decision by the court approved the brief seizures by balancing the state’s interest in reducing impaired driving against a minimal intrusion upon driver’s who were briefly stopped.
• Search a glove compartment of an auto after a traffic stop:
Although you can refuse a car search, there are a couple of circumstances under which a police officer can legally search your car without a warrant. According to Criminal Law dude (and loyal Lifehacker reader) Fred Dahr, they are probable cause and when making a lawful arrest of the driver.
If you were pulled over for speeding and an