Question

All drug paraphernalia is subject to forfeiture. Under which of the following conditions may seizure by a police officer be made without process issued by a court having jurisdiction over the property?

Answer 1

Police may seize drug paraphernalia without a court-issued process if the owner consents, there are exigent circumstances, or the items are in plain view, according to exceptions to the Fourth Amendment.

Step-by-step explanation:

Under certain conditions, police officers can make seizures of drug paraphernalia without a court-issued process. These conditions include if the owner consents to the search, in cases of exigent circumstances where there is a risk of evidence being destroyed, or if the items are plainly visible and thus fall under the plain view doctrine.

Additionally, the Fourth Amendment protects individuals from unreasonable searches and seizures, requiring the government to show probable cause and obtain a warrant. However, there are established exceptions where warrantless searches or seizures are constitutionally permissible.