Police Searches without a Warrant
Warrantless searches are not allowed unless the search is reasonable. Find out more about warrantless searches in this article.
→ Read MoreArrests And Searches
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Do drugs in plain view in the passenger compartment authorize a trunk search?
Under these facts, your attorney is going to have a tough time getting evidence suppressed. The reason is the “plain view doctrine.”
→ Read MoreCan I get a factual innocence order if the victim recants their testimony?
Getting a factual innocence order depends on the evidence presented by the accused and on any contradictory evidence presented by the prosecutor.
→ Read MoreCan law enforcement officers arrest me without a warrant if I am at a friend’s house?
According to the laws governing warrant requirements, law enforcement officers can make an arrest without a warrant if you are at a friend’s house or in another person’s home under certain circumstances, if there is an exception to the warrant requirement. The exceptions to the warrant requirements vary by state.
→ Read MoreWhat are exigent circumstances?
Exigent circumstances exist when the need of a police officer to enter or search a home overrides the Constitutional right to be free from a warrantless search. Police typically can’t just enter without a warrant or an invitation; the exceptions to this rule are called exigent circumstances.
→ Read MoreCan the police conduct an automobile search at a traffic stop or sobriety checkpoint?
A valid automobile search should be founded on several factors, including a basis for the traffic stop, a basis for continuing a detention beyond the traffic stop, and finally, probable cause for the officer to search the vehicle. If a driver pulls up to a valid DUI checkpoint or sobriety checkpoint, then a valid basis for the traffic stop exists. To justify an automobile search, an officer must demonstrate reasonable suspicion, probable cause, or an exception to either of those components.
→ Read MoreCan the police enter a home without knocking?
Although the police are required to knock and announce themselves before entering a home with a search warrant, the law doesn’t provide for any serious consequences if they simply break down the door and enter.
→ Read MoreWhat if a search warrant contains an error or incorrect address?
A search warrant is a document signed by a judge that gives the police the authority to enter your home and search through your belongings. A valid search warrant must provide a detailed description of the location to be searched. Several years ago, many law enforcement agencies complied with this requirement by simply listing the general address of the house they intended to search. This descriptive approach faced obstacles when search warrant documents contained incorrect address information. As a result, law enforcement began using a longer list of descriptors to identify the location to be searched.
→ Read MoreA License to Search: Requirements of a Valid Search Warrant
The Constitution protects all Americans from unreasonable search and seizure of property by law enforcement. To make this principle a reality, every state has established general rules setting out how search warrant documents and supporting affidavits for warrants are to be written. Even though the specifics vary slightly by state, the basic requirements of a valid warrant and supporting affidavit are usually the same.
→ Read MoreWhat if a law enforcement officer makes me an offer during a police stop or during questioning?
A law enforcement officer can make you an offer that is not connected to a prosecution. A law enforcement officer may also try to make you an offer regarding a prosecution, but even if you accept, a prosecutor can override this offer.
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