NCJ Number
6381
Journal
Criminal Law Bulletin Volume: 8 Issue: 1 Dated: (JANUARY/FEBRUARY 1972) Pages: 9-30
Date Published
1972
Length
22 pages
Annotation
AN ANALYSIS OF CURRENT SUPREME COURT CASES REGARDING THE CONSTITUTIONALITY OF WARRANTLESS SEARCHES AND SEIZURES.
Abstract
WHILE IT REMAINS THE BEST POLICY FOR POLICE TO OBTAIN A WARRANT WHENEVER PRACTICABLE, WARRANTLESS SEARCHES HAVE BEEN UPHELD WHEN INCIDENT TO LAWFUL ARRESTS OR WHEN EXIGENT CIRCUMSTANCES SUPPORT THE NECESSITY OF CONDUCTING SEARCHES OF PERSONS, PREMISES OR VEHICLES WITHOUT UNDUE DELAY. UP TO THIS POINT, HOWEVER, THE DECISIONS OF THE SUPREME COURT HAVE LACKED CLARITY AND CONSISTENCY IN FASHIONING RULES AS TO WHEN WARRANTLESS SEARCHES AND SEIZURES ARE CONSTITUTIONALLY PERMISSIBLE. FOR EXAMPLE, WARRANTLESS SEARCHES ARE SOMETIMES ALLOWED WITHOUT ANY CONVINCING SHOWING OF EXIGENT CIRCUMSTANCES, BUT ARE SOMETIMES CONDEMNED NOT WITHSTANDING SUCH A SHOWING. THIS ARTICLE BY AN OUTSTANDING AUTHORITY IN THE FIELD, DISCUSSES THE CURRENT STATE OF THE LAW OF SEARCH AND SEIZURE AND SUGGESTS THE DIRECTION THE COURT MAY BE HEADING IN THIS AREA.