What is required for an officer to execute a search without a warrant?

Prepare for the FLETC Fourth Amendment Exam with comprehensive study resources that include flashcards and multiple choice questions, complete with hints and explanations. Equip yourself for success!

For an officer to lawfully execute a search without a warrant, the presence of consent or exigent circumstances is essential. Consent involves obtaining permission from an individual to search their property, which can often negate the need for a search warrant. The individual granting consent must have the authority to do so, and their agreement provides legal justification for the search.

Exigent circumstances refer to situations where immediate action is necessary, and delaying for a warrant would risk the destruction of evidence, the escape of a suspect, or pose a danger to others. In these cases, the urgency of the situation allows officers to bypass the warrant requirement.

Clear and articulable suspicion, while a standard used for stops and brief detentions, does not meet the threshold needed for a search without a warrant. Notification to the suspect before the search or approval from a supervisor is not a requirement for conducting warrantless searches, as these do not inherently provide the necessary legal justification for proceeding without a warrant. Hence, consent or exigent circumstances are the appropriate conditions that permit officers to execute searches without prior judicial approval.

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