For many reasons, not necessarily only because of harshness, there have evolved numerous EXCEPTIONS (precedents) to the warrant rule and the exclusionary rule. Often, these precedents are interrelated in actual police practice. These are listed below by their technical names in alphabetical order:
Automobile Search Exception--first established in Carroll v. U.S. (1925) as part of Prohibition-era laws allowing roadblocks and checkpoints. Later, amended to allow free and unfettered passage on public highways. Police can generally open luggage and parcels in the passenger compartment; a search of the trunk requires special justification. However, Chambers v. Moroney (1970) ruled that an automobile search need not be made immediately. All that is necessary in a probable cause stop is to confiscate the parked vehicle after the driver has been arrested, take it to headquarters, and do a complete inventory on its contents. Any and all evidence found in the vehicle can be legally seized. Inventory and search are technically different, but in practice, both are done at the same time. (See Moving Vehicle/Probable Cause Doctrine and Inventory Search Exception).
Chimel Rule--briefly, a warrantless search is allowed if incidental (simultaneous) to a lawful arrest, i.e., serving an arrest warrant without a search warrant. Only the area under a suspect?s immediate control can be searched, and this can be for evidence that has nothing to do with the cause for arrest. Also a "protective sweep search" is appropriate for dwelling areas, such as closets or closed doors for hidden attackers. Comes from Chimel v. California (1969), a case where police literally ransacked a house. Also applies to hot pursuit or chase situations where suspect can be taken back to show spot where weapon or drugs were discarded, but this more often involves a public safety exception to the Miranda rule. Strip searches (down to the underwear) can ONLY be done when the prisoner is in a secure facility. Vehicles used to transport prisoners MUST be searched prior and after transport in order to prove something was discarded during transport. Cavity searches can be done at booking, but are best left to medical personnel, but some departments allow officers to do them.
Consent Search Exception--A person who possesses common authority or has frequent access over the premises; e.g., girlfriend, landlord, etc. can authorize a consent search within limits (NOT the whole house) if their waiver of rights is voluntary (they understand it can be revoked at anytime during the search) and made intelligently (NOT just in acquiescence or mere submission to police authority). Many departments require signing a Miranda-type consent form. Silence, simple nodding of the head, or waving the police in an open door is NOT consent.
Crime Scene Search Exception--Police have enormous powers regarding the securing of crime scenes. Depending upon jurisdiction, they can order people to move or not move about, "freeze" suspicious situations, and commandeer (immediately seize) property, vehicles, or residences for evidence, transport, or temporary headquarters. Force can also be used to prevent contamination of the scene. One of the more interesting legal restrictions at crime scenes and other searches is the elephant in a matchbox doctrine, which requires searchers consider the probable size and shape of the evidence they seek, since large objects cannot be concealed in tiny areas. Ignoring this doctrine usually results in leaving the place a shambles. The key case in regard to crime scene search exceptions is Mincey v. Arizona (1978), in which police held an exhaustive, intrusive, protracted 4-day search to retrieve evidence in connection with investigating the circumstances of an officer's death. The Supreme Court found this unreasonable, not necessarily in terms of time, but because of the zeal which police departments express in investigating the death of one of their own. Overzealous investigation to convict a cop killer is unconstitutional, and likewise, there is no murder scene exception. However, the Supreme Court held that warrantless searches at a crime scene can be done if someone is in need of immediate aid or a killer is still on the premises. The Mincey decision has been upheld by subsequent case law (e.g., Thompson v. Louisiana 1984; Michigan v. Clifford 1984; and Flippo v. West Virginia 1999), with Clifford sending the message that even arson cases do not provide a license to roam freely.
Moving Vehicle/Probable Cause Doctrine--an automobile, truck, van, motorhome, boat, airplane or other movable object can be searched IF there is (a) probable cause (b) the vehicle is moving or about to be moved, and (c) a warrant cannot be readily obtained. Every part of the vehicle can be searched, including closed containers in the trunk, although special justification is needed for trunks. Diminished expectations of privacy are assumed to exist with moving vehicles. Probable cause can be easily established via police dogs, who have a sense of smell six million times greater than that of a human.
Plain View Doctrine--this refers to police use of their senses: sight, hearing, smell, taste, and touch. Anything detected by these means does NOT have Fourth Amendment protection if officers are lawfully present when they detect something by these means. A number of subdoctrines have developed, such as "plain feel", "plain smell", and "plain hearing", and the current controversy is whether electronic aids for the senses constitute a search or should be part of the Plain View Doctrine. In general, evidence of ANOTHER crime that is immediately observable without a search is seizable. In 1971, the standard was "inadvertent discovery" (not necessarily looking for anything incriminating; e.g., looking inside car to read VIN number or fix fuse and seeing weapon under dashboard or car seat) but due to courts being unable to define "inadvertent discovery", this standard was abolished in Horton v. California (1990) and replaced with a three-prong test: (a) officer engaged in lawful activity at the time; (b) the object?s incriminating character was immediately apparent and not concealed, and (c) the officer had lawful access to the object and it was discovered accidentally. For example, in a roadside stop, the driver opens a glove box to get their registration or proof of insurance, and the officer views what in his or her experience looks like a container of drugs or a weapon.
Private Individual Search Exception--If the police come upon evidence obtained by employees of a private carrier, such as Federal Express, bicycle delivery, rental car or limousine service (to name a few), or private security (hotel detectives, department store security guards, etc.) no warrant is required and the evidence is admissible. Such private individuals are not subject to the same Fourth Amendment provisions as government officials. This exception applies only if the private search for evidence is made without the knowledge or participation of a government agent. This exception applies to residences as well as public places. If, for example, a girlfriend makes a private inspection of her boyfriend?s closet, finds stolen guns, and turns them over to police, the evidence is admissible against the boyfriend. Where controversy exists is in the definition of "government officials". Certain quasi-public police departments (i.e., port police, transit police) are allowed to do warrantless searches, and the Court has held that probation officers, although government officials for most purposes, have the right to justify searches under less than probable cause.
Stop & Frisk Rule (Terry v. Ohio)-- a frisk or patdown of the outer clothing is NOT technically a search, but whenever police restrain a person?s freedom to walk away, a seizure has occurred. To frisk, police must have "reasonable suspicion" (not merely a can?t-put-into-words hunch) and the frisk must be for weapons only, unless under the plain feel exception. Furtive movements, inappropriate attire, carrying suspicious objects, vague answers to questions, refusal to identify oneself, and appearing to be out of place are all grounds for articulable suspicion. This has been extended to roadside stops, luggage, suspicion of narcotics possession (in many cases, also requiring a trained dog to establish probable cause). Often produces evidence other than weapons that come into "plain view", demonstrating the interrelationships among these precedents.
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