Final answer:
An arrest without a warrant is permissible when the police have probable cause, adhering to the Fourth Amendment protections against unreasonable searches and seizures. Situations allowing searches and seizures without a warrant include consent, exigent circumstances, items in plain view, and car compartments. The concept of reasonable expectation of privacy influences the necessity of a warrant.
Step-by-step explanation:
An arrest is defined as the seizure of a person by law enforcement authorities. Police are allowed to arrest a person in a public place without a warrant if they have probable cause to believe a crime has been committed.
The concept of probable cause is central to the Fourth Amendment, which protects individuals against unreasonable searches and seizures and states that warrants must be issued upon probable cause with a specific description of the place to be searched or the persons or things to be seized.
There are certain situations where the requirement for a warrant is limited or exempt. These include circumstances such as consent from the owner or renter for the search, exigent circumstances where there is a risk of evidence being destroyed, items being in plain view, or when searching the passenger compartment of a vehicle.
Additionally, searches and seizures at border points do not typically require a warrant. When a warrant is required, law enforcement must demonstrate probable cause to a judge, which is a lower threshold than the standard of proof required for criminal conviction.
The concept of reasonable expectation of privacy also plays a key role in determining the constitutionality of a search or seizure. Since the 1960s, the Supreme Court has issued rulings that limit the warrant requirement in situations where this expectation of privacy is not considered reasonable.