Section 9.22 Introduction

• Library: Criminal Practice 2012 Supp

A. (§9.22) Introduction

As noted in §9.3 above, although the language of the Fourth Amendment is ambiguous in this regard, since the late 1960s the United States Supreme Court has construed the Amendment to require search warrants except in the case of a few well-delineated exceptions. A search conducted without a warrant is presumptively unreasonable unless one of these exceptions is shown to exist.

Although the Court continues to pay lip service to this requirement, the number and scope of exceptions has...