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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Warrantless Searches

The Exigency Exception to the Fourth Amendment

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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