Were the police allowed to search?

Citizens have the right to be free from unreasonable searches. There are several scenarios that allow a law enforcement officer to conduct a search of a person or their property. Generally, a law enforcement officer must have a search warrant in order to conduct a search. A search warrant is a document that is signed by a neutral magistrate or judge and that particularly describes the person or place to be searched and the specific items to be searched for. Such a search warrant must be based upon a sworn affidavit by a law enforcement officer showing that he or she has probable cause to believe that there is illicit contraband or evidence of a crime in a particular place to be searched. There is probable cause to search a person or their property if the totality of the circumstances supports reasonable grounds of suspicion that are sufficiently strong to warrant a reasonable and cautious person to believe that there is illicit contraband or evidence of a crime that can be found on a particular person or in a particular place. Our team of attorneys is experienced in reviewing search warrants and the affidavits upon which they are based so as to determine their validity. If you or your property was searched pursuant to a search warrant, contact our attorneys for a FREE CONSULTATION to review your case. Evidence that is seized by law enforcement based upon an illegal search warrant may be inadmissible in court.

There are many scenarios in which a law enforcement officer is not required to obtain a search warrant. For example, a law enforcement officer may conduct a search of a person if that law enforcement officer has probable cause to believe that the person is armed and dangerous. In such a situation, the law enforcement officer is allowed to conduct a limited pat-down of the person's outer clothing to see if they feel any item that may be a weapon. If an officer feels such an item during the pat-down, then the officer may retrieve the item to determine its exact nature.

A law enforcement officer is not required to obtain a search warrant to search an automobile that he or she has stopped if the officer has probable cause to believe that illicit contraband or evidence of a crime may be found with in the vehicle. That is because automobiles are mobile in nature, making it impractical for the officer to obtain a search warrant.

A law enforcement officer is also not required to obtain a search warrant when the officer is conducting a search incident to an arrest. When an officer makes an arrest, he or she may search the person being arrested as well as the area surrounding the person that is in that person's immediate control.

Exigent circumstances also allow a law enforcement officer to search a person or their property without a warrant. For example, if a law enforcement officer has probable cause to believe that there is evidence of a crime in a residence and that the evidence is being destroyed by the occupants of the residence, the officer may enter the residence without a warrant to prevent the evidence from being destroyed. Exigent circumstances to search a residence without a warrant may also exist when a law enforcement officer is in hot pursuit of a felony suspect and the suspect flees into a residence.

Finally, a law enforcement officer may conduct a search of a person or the person's property if the person gives the officer can send to do so. The consent must be given voluntarily.

If you or your property was searched without a search warrant, contact our attorneys for a FREE CONSULTATION to review your case. Evidence that was seized illegally by law enforcement officer without a warrant may be inadmissible in court. Our attorneys are experienced in determining whether or not law enforcement officers acted improperly in conducting a search without a warrant.