Which of the following is NOT considered a common law power of search and seizure?

Prepare for the JIBC Police Academy Exam. Study using flashcards and comprehensive multiple choice questions, each equipped with detailed hints and explanations. Get exam-ready with confidence!

The concept of common law powers of search and seizure is foundational in understanding the legal framework within which law enforcement operates. In this context, a random search does not align with the commonly recognized legal powers that govern searches and seizures.

Common law powers, such as entry to effect an arrest, search incident to a lawful arrest, and consent, all involve specific legal justifications that provide law enforcement officers the authority to conduct searches.

Entry to effect an arrest allows officers to enter premises when they have a lawful reason to do so, ensuring they can carry out their duties while respecting the rights of individuals. A search incident to a lawful arrest is based on the legal principle that an officer may search an individual and the immediate area around them when they are arrested, primarily for the safety of the officers and to preserve evidence. Consent refers to the voluntary agreement of an individual to allow law enforcement to conduct a search, which negates the need for a warrant or probable cause.

In contrast, random searches lack the necessary legal justification and often violate the principles of due process and reasonable expectation of privacy. These types of searches are typically not supported by legal precedent and can lead to challenges regarding their constitutionality. Thus, labeling random searches as part of common law powers of search

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy