What is required when conducting searches without a warrant?

Study for the Evidence Technician Exam. Use flashcards and multiple choice questions with hints and explanations. Prepare effectively for your exam!

The statement that all searches are per se unreasonable without a warrant aligns with the fundamental principle of the Fourth Amendment of the United States Constitution, which protects against unreasonable searches and seizures. Generally, law enforcement needs a warrant, based on probable cause, to conduct searches, as this serves as a safeguard against arbitrary intrusions by the government.

However, there are certain exceptions to this requirement where searches may be performed legally without a warrant, such as consent, exigent circumstances, searches incident to arrest, and motor vehicle searches under specific conditions. The answer provided seems to emphasize the overarching legal framework that prioritizes obtaining a warrant, which stems from the protections intended to prevent unreasonable governmental actions.

The correct answer reflects an understanding that while there can be exceptions, the default legal stance is that warrantless searches are deemed unreasonable unless an established exception applies. This foundational principle guides the conduct of searches and the rights of individuals against unwarranted intrusions.

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