made and the property to be seized. An officer cannot get a warrant from a judge in any circumstance. (Grolier Encyclopedia) The officer may have to give a reasonable cause. As ruled in the case of Illinois v. Gates in 1983, to establish probable cause, one must show a probability of criminal activity; a prima facie hearing is not required. (Illinois v. Gates) The accused has the right to fight the grounds when the warrant was attained by means of a trial. In most situations there are some exceptions. An officer is not allowed to get a search warrant if evidence to a crime is in plain view. (Encarta Online) In the case Horton v. California 1990, police entered a house with a warrant that was given to search the house for stolen jewelry. While searching the house they found illegal weapons in plain view. The officers seized weapons as well as the stolen jewelry. In 1990 the court ruled in the case, Greenwood v. California, the court approved a search of garbage that was left on the curb without a warrant. One other situation that an officer can enter a home and seize evidence is if there is and emergency and it is vital for he or she to enter. (History Channel Online) In the case Michigan v. Tyler, 1978, there was evidence that two furniture dealers of committed a crime when the store was on fire. While searching an automobile there is a different standard. For example, in the case Chimel v. California, the automobile was a movable scene of crime. Evidence could be gone by the time a warrant could be issued. In California v. Acevedo, 1991, the court set down a rule that covers all automobile searches. It was ruled that, when ever police lawfully stops a car, they do not need a warrant to search anything in that vehicle that they do not have a reason to believe holds evidence of a crime. (Grolier Encyclopedia) As a result of Weeks v. United States, 1914, the court embraced the exclusionary rule. The exclusionary ...
