How would this loophole be created where they are allowed to do this even though it appears to clearly violate our fourth amendment right?
Real Estate Attorney
There are certain exceptions to the 4th Amendment created by case law -- exigency, destruction of evidence, ability to leave the scene, etc.
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2 lawyers agree
Not a loophole, Supreme Court analysis and decision after a full review and understanding of the Founding Fathers' intent. The justices did not see it as 'clearly' violative, they found and cintinue to find certain searches reasonable.
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1 lawyer agrees
Criminal Defense Attorney
Automobile exception to the warrant requirement, as established in Carroll v. United States in 1925. The police still must have probable cause (a warrant is court approval that probable cause exists) to search a vehicle. There are quite a few exceptions to the warrant requirement.
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