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 one, say exigent circumstances, if there’s a pressing issue, if someone’s life is in danger, things of that nature, they may be able to conduct a search, but those are higher standards, and they have to be proven in court. So the big takeaway as far as a warrant is concerned, do not consent, and force the police to either have a warrant, or to show an exception to the requirement.
Dale Carson Law is dedicated to protecting the rights of individuals.
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