DALE CARSON LAW

When the police are conducting a search, it is generally constrained by the fourth amendment of the U.S. Constitution, which requires a search warrant. If the police have not obtained a search warrant, there are some exceptions to that rule. The main exception that we see in our practice is simply consent. Someone says, “Yes, I will allow you to search,” which does away with the requirement for a warrant.

Additionally, there are other circumstances where police may be able to conduct a search without a warrant. For example, if there are exigent circumstances, if there’s a pressing issue, if someone’s life is in danger, things of that nature. Police may be able to conduct a search in these situations, but those are higher standards, and they have to be proven in court.

In summary, the big takeaway as far as a warrant is concerned, is to not consent. By withholding consent, you force the police to either have a warrant, or to show an exception to the warrant requirement. By doing so, you’re helping preserve your constitutional rights and may influence the admissibility of any evidence gathered during the search in a court of law.