No unreasonable searches or seizures unless:

No unreasonable searches or seizures unless:

• A. An exception to the warrant requirement applies
• B. There is no probable cause
• C. A judge approves after-the-fact
• D. The officer has a hunch

Answer: (A)

The idea being tested is that searches and seizures are generally considered reasonable only with a warrant based on probable cause, but there are recognized exceptions that allow warrantless actions. That’s why the statement that applies is that an exception to the warrant requirement applies. When an exception exists — for example, consent given by the person searched, exigent circumstances, a search incident to a lawful arrest, a vehicle search with probable cause, or plain view — a search can be reasonable without a warrant. A judge approving after the fact doesn’t substitute for a warrant at the time of the search, and simply having a hunch isn’t enough to justify a search. Without an applicable exception, a lack of probable cause would render a warrantless search unconstitutional.

The idea being tested is that searches and seizures are generally considered reasonable only with a warrant based on probable cause, but there are recognized exceptions that allow warrantless actions. That’s why the statement that applies is that an exception to the warrant requirement applies. When an exception exists — for example, consent given by the person searched, exigent circumstances, a search incident to a lawful arrest, a vehicle search with probable cause, or plain view — a search can be reasonable without a warrant. A judge approving after the fact doesn’t substitute for a warrant at the time of the search, and simply having a hunch isn’t enough to justify a search. Without an applicable exception, a lack of probable cause would render a warrantless search unconstitutional.