When is a Warrantless Search Allowed?
Were you searched by the police when they did not have a warrant? If so, you may be wondering if you were subjected to an unlawful warrantless search. The Fourth Amendment of the US Constitution provides protections against unreasonable search and seizure, and it states that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” What does this mean? In short, in order to conduct a search, law enforcement officials must have a valid warrant with probable cause. However, there are a number of exceptions to the search warrant requirement.
The following are some of the common exceptions to the requirement that police have a valid warrant in order to conduct a lawful search. In other words, in the following circumstances, police can lawfully conduct a warrantless search.
Exigent Circumstances Exist
The US Supreme Court case Warden v. Hayden (1967) established the exigent circumstances exception. Typically this is understood to mean an emergency situation where public safety is or could be at stake, law enforcement officials can conduct a lawful warrantless search.
Search Was Incident to Arrest
When a person is arrested, they can also be lawfully searched without a warrant in what is known as a “search incident to arrest.” Under Chimel v. California (1969), the search can only occur in the area of the person’s immediate control (the person who is being arrested).
Evidence Was in Plain View
When the police see obvious “contraband” from a position they are legally allowed to be, according to Washington v. Chrisman (1982), they can conduct a warrantless search and seizure.
Consent to the Search Was Given
If the police ask you if they can search you or your property and you give consent, a warrantless search can be conducted lawfully. You do not have to give consent to a search.
Probable Cause for a Vehicle Search
When the police have reasonable suspicion to stop a vehicle, they can conduct a search of the vehicle if they develop probable cause. Searching a vehicle with probable cause, even when it is a warrantless search, generally will not violate the Fourth Amendment.
Search Was a “Frisk” and the Law Enforcement Officer Met the Legal Requirements
When a search is categorized as a “frisk” as part of a “stop and frisk,” the case Terry v. Ohio (1968) says that, a “reasonably prudent officer is warranted in the circumstances of a given case in believing that his safety or that of others is endangered, he may make a reasonable search for weapons of the person believed by him to be armed and dangerous.” To conduct this type of “frisk,” the police do not have to have a warrant. The permissible “frisk” is often called a “pat down.”
Contact Our Indianapolis Criminal Defense Attorneys for Assistance
If you were searched in a warrantless search and you believe the search may have violated your Fourth Amendment rights, it is important to seek legal help. If the search did violate your rights under the US Constitution, any evidence obtained through the search likely cannot be used against you. Accordingly, if you are facing any criminal charges as a result of the search, it may be possible to have the charges dropped or dismissed if there was an unlawful warrantless search. One of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can discuss your case with you today.
Sources:
constitution.congress.gov/constitution/amendment-4/
supreme.justia.com/cases/federal/us/392/1/
supreme.justia.com/cases/federal/us/455/1/
uscourts.gov/about-federal-courts/educational-resources/educational-activities/fourth-amendment-activities/new-jersey-v-tlo/facts-and-case-summary-new-jersey-v-tlo
