What You Should Know About Searches With and Without Warrants

The Fourth Amendment of the US Constitution prohibits warrantless searches, in general, unless law enforcement officers have probable cause or an exception applies. In short, there is a presumption under the Fourth Amendment that the police or other law enforcement agencies must have a valid warrant in order to conduct a search. However, there are circumstances in which the police can lawfully conduct a warrantless search and can use the evidence seized against a person in a criminal proceeding.

If you were recently subject to a search — your home or vehicle, your office or place of employment, or your person, for example — it is critical to understand when a warrantless search is permitted and when it is not, and when a warrant is lawful. If you may have been subject to an unlawful warrantless search and you are now facing criminal charges in connection with that search and seizure, you should seek legal advice about your options as soon as possible. You may be able to raise the possibility of a Fourth Amendment violation and prevent anything seized in that search from being used against you.

When Can a Warrantless Search Happen? 

The Fourth Amendment explicitly states that probable cause is necessary for a warrant to be issued. Otherwise, a search and seizure of a person or their property is unreasonable. Various US Supreme Court cases have interpreted the Fourth Amendment to mean that a warrantless search can only happen when a law enforcement official has probable cause, or when another exception exists. Those exceptions are limited and include the following:

• Probable cause to search a vehicle;
• You consented to the search;
• Illegal or contraband objects were in plain view;
• Search and seizure occurred incident to your arrest for another offense; or
• Exigent circumstances existed (which usually means a situation where others’ physical safety was in question or the destruction of evidence was imminent, or in cases involving “hot pursuit” and a fleeing suspect).

Sometimes Warrants Are Not Legal 

What about an unlawful search when the police had a warrant? You should know that there are also circumstances in which the police did not actually have enough evidence for a valid warrant to be issued, or circumstances in which the police misrepresented their case in order to get a warrant. Accordingly, even if a search was conducted — which resulted in your arrest — with a valid warrant, it is still important to assess the validity of the warrant and the search that followed.

Contact an Indianapolis Criminal Defense Attorney for Assistance with Your Case 

Was your vehicle or home searched without a warrant? If this happened and the law enforcement agency conducting the search did not have probable cause to do so (and if none of the potential exceptions apply to a warrantless search), you may be able to have that evidence against you thrown out, and any charges dropped. It is essential to discuss the details of your case with one of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC. We can speak with you today to learn more about the details of the search that resulted in your arrest, and we can discuss defense options with you — including the possibility of a Fourth Amendment violation. Contact our firm today to learn more about how we can assist you with your defense.

Source: 

constitution.congress.gov/constitution/amendment-4/