The Justification for Warrantless Searches

Warrantless searches are important for law enforcement and criminal investigations because it makes it possible for police office to gathering evidence that might otherwise be lost or endanger the safety of others in society.

Select two types of warrantless searches from the list below.
• Stop and frisk on the street
• Warrantless search of ethnic minorities within five miles of U.S. borders
• Search incident to a lawful arrest
• Automobile searches
• Sobriety checkpoints
• Searching through someone’s luggage at the airport
• Consent searches
Then, address the questions below in respect to your selections.
• What purpose(s) are served by allowing law enforcement officers to conduct a search without a warrant?
• What is the purpose of each type of search? Are these types of searches necessary? Why or why not?
• What is needed, legally, to conduct each type of search? What law applies to both the investigating officer and the person being searched?
• Should your selections be legal? Why or why not?

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