Congressional Digest

Supreme Court Debates February 2011 No. 2 Vol. 14
Warrantless Searches

Warrantless Searches

The Exigency Exception to the Fourth Amendment

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Excerpt

The Fourth Amendment to the U.S. Constitution guarantees “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures … .” It requires that judges should only issue search warrants “upon probable cause … particularly describing the place to be searched, and the persons or things to be seized.”
The requirement for police to obtain a search warrant before entering a person’s house is not universal, however. Over the course of U.S. history, the Supreme Court has carved out a number of exceptions to this rule. For instance, police can enter …

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