When are Police Allowed to Search without a Warrant?

The Fourth Amendment to the U.S. Constitution prevents the government from unreasonably searching the property or person of the average citizen. Generally speaking, law enforcement requires a warrant to execute a search on a property. The search warrant is issued by a judge and is absolutely essential to protecting your personal liberty and privacy. Without the requirement for a search warrant, the government could intrude on both with impunity.

That being said, the rules regarding search warrants are not absolute. Many situations will require law enforcement to obtain a search warrant before executing a search. But exceptions exist, and a warrantless search could still comply with the law.

Your criminal defense attorney’s job is to challenge the means by which the evidence was gleaned. If it was obtained illegally, then it can be stricken from the record, making the prosecution’s case next to impossible to prove. In this article, the Tallahassee criminal defense attorneys at Luke Newman, P.A. will discuss the exceptions to the search warrant requirement under the law.

When does law enforcement not require a search warrant? 

• Consent – Law enforcement is allowed to search your home, vehicle, or person if you voluntarily agree to being searched. For the consent to be valid, it must be given intentionally and without coercion. This enables officers to proceed without either a warrant or probable cause. The most likely scenario for this type of search is when you’ve been pulled over by police and they ask to conduct a search of your vehicle. You should never give consent. Anything they find will be used against you in a court of law, despite your cooperation.

• Incident to arrest – If you’ve been lawfully arrested, the arresting officer can search you, your vehicle, and your immediate surroundings without a warrant. The exception is meant to protect the officer’s safety and prevent evidence from being destroyed. For example, if you’ve been arrested for DUI, an officer can search your vehicle for illegal drugs or other evidence of intoxication. This exception only applies when the search is directly linked to the arrest and is limited to the immediate area.

• Plain view doctrine – If a law enforcement officer spots evidence of a crime in plain sight, they can seize it without a warrant. The officer must have legal grounds to be in the location. For example, if you get pulled over for speeding and leave a kilo of cocaine on the back seat, the officer doesn’t need a warrant to arrest you for possession.

• Exigent circumstances – Police can conduct a warrantless search if the situation is dire or urgent and delaying the search could result in serious harm, escape of the suspect, or the destruction of evidence. For example, if an officer hears someone scream from a home, they can enter the home to determine if someone is in danger.

• Automobile exception – Since vehicles are mobile and have windows, individuals have a reduced expectation of privacy. If officers have probable cause to believe there is evidence of a crime, they can search a vehicle. For example, if police stop a driver for speeding and smell marijuana, they can search the vehicle for evidence of marijuana use.

Talk to a Tallahassee Criminal Defense Lawyer Today 

Luke Newman, P.A. represents the interests of Tallahassee residents who are facing serious criminal charges. Call our Tallahassee criminal lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.