Search and Seizure Law Practical Advice and Interpretation for Nuclear Protective Force Persons*

Year
1983
Author(s)
Jerry J. Cadwell - Brookhaven National Laboratory
Abstract
Recent Supreme Court decisions, which interpret the 200-year-old Fourth Amendment of the U.S. Constitution, are used to provide a brief overview of some search and seizure subjects important to management and officers responsible for physical protection of nuclear facilities. The overview is framed in practical terms in order to make the comments applicable to the everyday activity of nuclear protective force persons. The Supreme Court has described several exceptions where searches and seizures (arrests) are permitted without a warrant, despite the Fourth Amendment which states that warrants are always required. The seven exceptions briefly discussed are search incidents to a lawful arrest, the automobile search exception, the suitcase or container exception, the hot pursuit or emergency exception, the stop and frisk exception, the plain view exception, and consent to be searched.