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Chapter 7
: Warrantless Searches:
Table Of Contents
Chapter 7
: Warrantless Searches:
General Rule
Exceptions to the Search Warrant Requirement
Plain Sight Observations
Rule
No Search
Justification for Seizure
No Expectation of Privacy
Examples
The “Plain Sight Observation” vs. the Right To Enter a Residence
Plain Hearing
Plain Smell
Rule
Examples
Exceptions
Exigent Circumstances
Rule
Examples:
Destruction of Evidence
Officers’ Safety
Fresh or Hot Pursuit
Search for Additional Suspects
Protection of Life and Property
To Prevent the Escape of Suspects, or When Suspects Arm Themselves
Special Needs Searches
Test
Examples
Random Testing of Student Athletes
Random Metal Detector Searches of Students
Search of a student’s computer
Drug Testing for United States Customs Service Employees
Searches of Employees’ Backpacks
Pre-Departure Airport Screening Procedures
Drug and Alcohol Testing for Railway Employees
Administrative Inspections of Closely Regulated
Administrative Inspection of Fire-Damaged Premises
Administrative Housing Code Inspections
Border Patrol Checkpoints
Sobriety Checkpoints
Entry into a Residence to Enforce a Court Order
Fourth Waiver Searches
A Search Warrant Issued Pursuant to P.C. § 1524.1 (HIV)
Taking of Biological Samples for DNA Databases
Exceptions to Exceptions
A Highway Drug Interdiction Checkpoint
A State Hospital Blood Testing Program
Closely Regulated Businesses or Activities:
Pervasively or Closely Regulated Businesses
Other California or United States Regulatory/Administrative Searches:
Vehicle Code
Penal Code
Fish and Game Code
Financial Code
United States Code
School Searches
Airport Searches
Evidence of a Refusal to Consent to a Warrantless Search
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