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As long as probable cause exists, the following is NOT an exception for an arrest warrant

a-Public areas Exigent circumstances (to prevent harm to someone)
b-Self-protection (safety of an officer)
c-An officer racially profiles a person
d-Terry stop (brief "investigate stop & frisk")

1 Answer

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Final answer:

Law enforcement can arrest without a warrant in situations where there is probable cause or exigent circumstances, such as a Terry stop. Racial profiling, however, is not an exception to the arrest warrant requirement under any condition. The Fourth Amendment protects against unreasonable searches and seizures but does allow for these specific exceptions.

Step-by-step explanation:

The requirement for an arrest warrant is a significant protection under the Fourth Amendment, which guards against unreasonable searches and seizures. Despite this protection, there are a number of exceptions where law enforcement can arrest without a warrant. One such exception is when there is probable cause to believe someone has committed a felony. This belief must be based on factual evidence and legal principle, not on arbitrary discrimination such as racial profiling.

Another exception is a situation involving exigent circumstances, which can include preventing harm to someone or ensuring the safety of officers. Additionally, a Terry stop permits officers to detain a person briefly if they have reasonable suspicion of criminal activity. However, an exception to the arrest warrant requirement does NOT include situations where an officer engages in racial profiling, as this is unconstitutional and violates the principles of equal protection and the prohibition on unreasonable searches and seizures.

In the landmark case Terry v. Ohio, the Supreme Court ruled that police could perform a brief 'investigative stop and frisk' based on reasonable suspicion without violating the Fourth Amendment. Moreover, searches of a vehicle's passenger compartment and routine border searches are also exceptions to the warrant requirement, based on a lower expectation of privacy in these contexts. Consent, plain view, good faith belief in the validity of a warrant, and inevitable discovery are further scenarios where a search or seizure may occur without a warrant. Despite controversies, such as the debate over 'no-knock' warrants, these exceptions are established in law and aim to balance public safety concerns with individual rights.

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