See Chimel v. California , U. A police officer may conduct a warrantless search if consent to the search is given by a person reasonably believed by an officer to have authority to give such consent. If you consent to a search of your vehicle, for example, police do not need a warrant to conduct the search.
See Illinois v. Rodriguez , U. Police do not need a warrant to seize evidence and contraband that is plainly visible during a lawful observation. In order for this exception to the warrant requirement to apply, the police officer must be lawfully present at the place where the evidence is in plain view, the officer must have a lawful right of access to the object to be seized, and the incriminating nature of the object must be immediately apparent.
See Arizona v. Hicks , U. But if the officer enters the home to serve a search warrant that is lawfully issued for a search for marijuana plants, the officer could then seize illegal weapons that are in his or her plain sight. If police believe that a vehicle contains evidence of a crime, the instrumentalities of crime, contraband, or the fruits of a crime, they do not need a warrant to conduct a search of that vehicle.
The rationale for this exception to the warrant requirement is that cars and other motor vehicles are highly mobile and may allow suspects to escape with evidence of a crime before the officer has time to obtain a warrant.
This exception applies to vehicles other than cars, including motorcycles and boats. See Carroll v. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
If police search your vehicle without a warrant, your permission, or a valid reason, then they are violating your Fourth Amendment Rights. However, there are also certain circumstances where police may search your car without possessing a warrant.
Generally speaking, courts give police officers more leeway to search a vehicle than a home. Under the automobile exception rule, any vehicle, including boats, may be searched so long as a police officer has probable cause to believe the vehicle contains evidence of a crime, the instrumentalities of a crime, contraband, or what reasonably may lead to the commission of a crime.
There are other major exceptions for when a police officer will be able to search your vehicle without a warrant. Those exceptions are:. We already discussed the automobile exception rule, so here is an analysis of the other lawful warrantless vehicle searches.
Under this exception, if an individual is lawfully arrested, then a police officer may search the individual or any area surrounding them. While there, they may seize any contraband they find in plain view.
Scope of the search is sometimes an issue. If New York officers receive a call about a gas leak, they definitely have the right to inspect the first floor. They definitely do not have the right to inspect a detached garage. The basement is in a grey area. This exception has been quite controversial recently in New York City. For a while, NYC allowed officers to stop people and search them for weapons almost indiscriminately.
In , officers stopped almost , people in this way. Most of them were nonwhite males under In , a federal district judge ordered the city to revise the policy. Under federal law, officers must have reasonable suspicion to detain people for pat-down weapons searches. The database contains information about every person who has been incarcerated in a New York state rison since the s. According to the New York Commission of Corrections, there is no statewide database of inmates located in county jails.
Victims of crime can use this tool to find information about specific offenders, but the information is not guaranteed by the New York State and may not be accurate: vinelink. A more reliable way of finding information about inmates in New York county jails is to visit the website of county where you believe an inmate may be housed.
Some counties provide searchable databases of inmates, though many do not. Offenders are housed in the jails of the counties where they committed the crime. Therefore, if you know where the crime was committed, you know which jail the individual should be located in.
Anyone can search for arrest records in the state of New York, but the information must not be used in illegal ways and cannot be used to discriminate against a person for hiring purposes.
Court convictions are a matter of public record. Active warrants are not a matter of public record because no conviction as een made. Some New York law enforcement agencies release warrant information to the public, but others do not. To request arrest records under the New York Freedom of Information Law, you must put the request in writing. You can mail a letter requesting specific records or you can use the orm provided on the website. Arrest records remain a matter of public record indefinitely in New York.
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