Discuss with your peers the issue of whether the protection of the 4th Amendment against unreasonable searches and seizures has been seriously eroded by all these exceptions? Explain, in detail, why or why not?
(1) Search Incident to Lawful Arrest permits police to search persons who are lawfully arrested. This is a practical exception that does not seriously erode 4th Amendment protections, mainly because it does not interfere with the rights of citizens unless or until the other constitutional protections against unlawful arrest have been satisfied. In practical terms, lawfully arrested persons cannot be permitted to enter into the custody of the state without first ensuring that they are not in possession of weapons or other contraband.
(2) Search by Consent permits police to conduct searches of persons or property if they first obtain consent from subjects of those searches. Technically, consent obtained must be given freely and voluntarily and when that is the case, there is no violation of constitutional rights. However, in practice (i.e. "in the field"), consent may not always be properly obtained, such as where police ask in intimidating ways or by intimating that there might be negative consequences for refusing consent. In those cases, the particular facts (and not the concept of consent search) may violate the 4th Amendment.
(3) Emergency/Exigent Circumstance/Hot Pursuit is an exception based on the common sense of not requiring police to obtain a search warrant to follow a fleeing suspect into or onto...
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