Exceptions to the Warrant Requirement
The Fourth Amendment to the U.S. Constitution provides that searches must be "reasonable." That's essentially the determination courts must make when law enforcement agents conduct a search without a warrant: Was the search reasonable? Some kinds of warrantless searches presumptively are.
Searches After Arrest
Searches After Arrest
Police Searches After an Arrest: Scope and Intensity Police officers do not need a warrant to make a search “incident to an arrest.” After an arrest, police officers have the right to protect themselves by searching for weapons and to protect the legal case against the suspect by searching for evidence that the suspect might try to destroy.
Cellphone Searches After Arrest If police officers arrest you, they can search your pockets and the area within your immediate reach without a warrant. But what happens if the cops come across your iPhone or Android?
Car Searches by Police
Car Searches by Police
When Are Police Allowed to Search Your Vehicle? A traffic stop normally ends with a citation—the annoyed motorist simply drives away. But an officer will sometime prolong a traffic detention, in the process searching the driver’s vehicle.
Police Searches of Impounded Cars Police officers can impound your car for a variety of reasons.
Agreeing to a Search
Agreeing to a Search
Who Can Let the Police Search Your Home? Police officers may usually search the home of an owner who consents. But what if someone other than the owner offers to let the cops have a look around?
Can I Withdraw Consent to a Search? It’s possible to withdraw (“revoke”) your consent in order to stop a search. But you have to do it right and you have to do it in time.
More About This Topic
- Agreeing to a Search
- Car Searches by Police
- Other Warrantless Searches
- Searches After Arrest
- Seizing Items in "Plain View"
More About This Topic
- Agreeing to a Search
- Car Searches by Police
- Other Warrantless Searches
- Searches After Arrest
- Seizing Items in "Plain View"
More Legal Topics
- Search and Seizure Principles
- Search Warrants
More Legal Topics
- Search and Seizure Principles
- Search Warrants
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