What is the general rule for searching and seizing things in a person's body without a warrant as established by the Court in Schmerber v. California?
A) the person must be in custody and the seizure must be overly intrusive
B) the item being searched for must be illegal
C) there must be exigency and the seizure must not be overly intrusive
D) none of the above

Question

Quizplus · Accepted Answer

The general rule, as established by the Court in Schmerber v. California, is that a warrantless search and seizure of things in a person's body is allowed only in exigent circumstances where the delay to obtain a warrant would result in the destruction of evidence or risk the safety of the public or the officer conducting the search. Additionally, the search and seizure must be conducted in a reasonable and non-intrusive manner. The legality of the item being searched for is not a determining factor in the decision to conduct a warrantless search and seizure.

What Is the General Rule for Searching and Seizing Things