Talk:Warrant (law)

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"The Fourth Amendment...prohibits search or arrest without a warrant, unless there is probable cause."

I'm not a lawyer, but I'm pretty sure that sentence is incorrect. From what I understand, it's true that in some (but not all) cases, a search may be conducted without a warrant if probable cause exists (if an automobile is pulled over, a police officer may search the vehicle without a search warrant if the officer has probable cause: Carroll v. U.S., 267 U.S. 132 [1925]), but other cases would require a police officer to obtain a warrant, even if the officer had probable cause (a police officer needs a warrant to search a private residence, even if the officer has probable cause: Agnello v. U.S., 269 U.S. 20 [1925]). My understanding is that the 4th Amendment forbids searches conducted without a warrant, except in a few limited, well-defined exceptions (such as a search of a person following the person's arrest [United States v. Robinson, 414 U. S. 218 (1973)], or where a person consents to the police conducting a search [Zap v. U.S., 328 U.S. 624 (1946)], etc.) --- 66.171.140.181 00:37, 8 May 2007 (UTC)