142k views
5 votes
According to our class discussion of the 4th Amendment, which of the following

would likely NOT constitute a legal search?
A search of your home conducted without a search warrant with no illegal contraband
seen, nor a crime in progress being heard.
A warrantless search of your car after a police officer identifies an open alcoholic
beverage sitting in your car's cup holder (in plain-site view inside your car).
O The police entering your home after hearing several loud pleas for "help."
All of the above
None of the above

1 Answer

2 votes

Final answer:

A search of your home conducted without a search warrant with no illegal contraband seen, nor a crime in progress being heard would likely NOT constitute a legal search.


Step-by-step explanation:

A likely example of a search that would NOT constitute a legal search is a search of your home conducted without a search warrant when no illegal contraband is seen and there is no crime in progress being heard. The 4th Amendment protects against unreasonable searches and seizures, and usually, a search warrant is required unless there are exceptions. In this case, without any evidence or immediate danger, the search may be considered illegal.

On the other hand, a warrantless search of your car after a police officer identifies an open alcoholic beverage sitting in your car's cup holder (in plain-sight view inside your car) would likely constitute a legal search. The officer has probable cause to search the car based on the visible evidence of the open alcoholic beverage.

The police entering your home after hearing several loud pleas for "help" would also likely constitute a legal search. The 'exigent circumstances' exception allows law enforcement to enter a home without a warrant if there is an immediate threat to life or safety.

Therefore, the answer is A search of your home conducted without a search warrant with no illegal contraband seen, nor a crime in progress being heard.


Learn more about the 4th Amendment

User Wallace Breza
by
7.5k points