There are two kinds of searches and seizures that are allowed under the Fourth Amendment. The first is searches and seizures with a warrant. In order for a law enforcement officer to receive a search warrant, they must have probable cause that a crime is being committed. In the search warrant, it must specifically state what and where the items of a crime are located before the judge will grant the search warrant. The second search and seizure allowed under the Fourth Amendment is searches and seizures without a warrant. An example of search and seizure without a warrant is what is called search incident to arrest. A search incident to arrest gives the law enforcement officer the legal right to search the immediate area (in arms reach) of the suspect for evidence of the crime that they have been arrested for. For example, when a suspect is arrested for Driving Under the Influence, the officer can search the vehicle in the immediate area of the driver’s seat for evidence of alcohol or drugs. Depending on the vehicle, that usually means in the driver’s seat area, the center
There are two kinds of searches and seizures that are allowed under the Fourth Amendment. The first is searches and seizures with a warrant. In order for a law enforcement officer to receive a search warrant, they must have probable cause that a crime is being committed. In the search warrant, it must specifically state what and where the items of a crime are located before the judge will grant the search warrant. The second search and seizure allowed under the Fourth Amendment is searches and seizures without a warrant. An example of search and seizure without a warrant is what is called search incident to arrest. A search incident to arrest gives the law enforcement officer the legal right to search the immediate area (in arms reach) of the suspect for evidence of the crime that they have been arrested for. For example, when a suspect is arrested for Driving Under the Influence, the officer can search the vehicle in the immediate area of the driver’s seat for evidence of alcohol or drugs. Depending on the vehicle, that usually means in the driver’s seat area, the center