Which of the following is NOT an exception to the warrant requirement?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The concept of exceptions to the warrant requirement arises from the Fourth Amendment, which protects against unreasonable searches and seizures. Several established exceptions allow law enforcement to conduct searches without a warrant when specific criteria are met.

Searches incident to lawful arrest, exigent circumstances, and consensual searches are all recognized exceptions.

Searches incident to lawful arrest allow officers to search a person and the immediate area after they have made a lawful arrest to ensure officer safety and prevent destruction of evidence. Exigent circumstances permit law enforcement to act without a warrant when there is an immediate need, such as when evidence could be destroyed, or there is a risk to safety. Consensual searches occur when individuals voluntarily agree to a search without law enforcement having to demonstrate probable cause or obtain a warrant.

Random searches without cause, however, do not fit into the framework of exceptions to the warrant requirement. Such searches typically violate the Fourth Amendment because they lack any justifiable reason or probable cause. In general, for a search to be lawful, it must be based on reasonable suspicion or probable cause, which random searches lack. Therefore, identifying random searches without cause as NOT an exception to the warrant requirement aligns with the constitutional protections intended by the Fourth Amendment.

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