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Due to the the fact that the evidence is mobile, probable cause by the on-scene officer is enough to enable a search, they don't need to acquire a warrant as they would if they wanted to search your house.
very correct. a house is a "domicile" and the law affords much more protection to your residence/living quarters.Originally Posted by rickair7777
Also when dealing with automobiles (and I assume airplanes)...Due to the the fact that the evidence is mobile, probable cause by the on-scene officer is enough to enable a search, they don't need to acquire a warrant as they would if they wanted to search your house.
In addition, probable cause is needed to conduct any search, above and beyond a search incident to arrest or vehicle inventory (which is not technically a "search" under the law). If Joe Dirtbag is arrested, prior to being placed in the patrol car, he is searched for weapons/contraband. He is searched again at the jail. Anything obtained is legal evidence.
If he is NOT arrested but stopped on the corner by officers, and they rough him up and find a crack pipe in his back pocket, yes he will be arrested but the case tossed out in approximately 2 nanoseconds after the judge sees it. Officers also liable for civil rights violations/etc stuff.
Probable cause, ALWAYS a requirement for a search, can be determined via the officer himself (who must then articulate his actions if called upon by his management or the courts/judge), or by a judge, who will then issue a search warrant, which absolves the officer (who brought the facts to the judge in the first place) of a large portion of the liability in whether "PC" existed or not.
A search or seizure both require probable cause. A vehicle stop is not a seizure (think "loss of freedom" or "loss of usage" with the word seizure) it is a temporary investigative detention per the courts.
Getting arrested, getting your car towed, your bank account frozen, are all seizures