Peter Blair | June 19, 2017 | Unreasonable Search and Seizure
When you are suspected of a crime, sometimes something known as a search warrant is supplied. However, not all searches have to take place with a search warrant – especially if the search is found to be “reasonable.” We will help you understand the many ways in which a warrant may not be needed, depending on the circumstances of your case.
Consent: If the police are given consent to search you, then there is no use for a warrant. If you have been arrested, then consent was typically not voluntary, and the court may find an unreasonable search and seizure.
Incident to an Arrest: This happens when the police watch you commit a crime, arrest you, and then make a reasonable search incident to the arrest. For instance, what if you were arrested but had accomplices that got away? The police can search the area in an attempt to find them. However, there are sometimes limitations to these rules as well.
Evidence in Plain View: If the police see contraband on you in plain view, then they can conduct a search without a warrant. Let’s say, for instance, the police see a can of beer in your cup holder and believe you have been driving drunk – this may be enough to conduct a search of the vehicle. If the police find other contraband, you can receive other charges through this search, as it serves as evidence.
Automobile Searches: If there is a reasonable expectation of privacy somewhere, then a warrant may be needed. This is usually on you or in your home. However, with probable cause, a search may still be conducted.
Exigent Circumstances: These usually include an emergency situation, such as when a person is in immediate danger. A search can be conducted to find evidence in a last-minute situation.
Sometimes, searches can take place without a warrant. However, you should still understand these circumstances so that your rights are not infringed upon. Protect yourself today and call us for more information if you have been charged with a crime after a search. We will help you understand if the search was legal or not, and what can be done.