ABSTRACT
It is clear that the Supreme Court has a preference for searches conducted under color of a valid warrant; however, it is recognized that not all searches fall within this category. The Supreme Court frequently asserts that “the most basic constitutional rule in this area is that ‘searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment — subject only to a few specially established and well-delineated exceptions.’”
