Everyday Law: Can You Be Searched Without a Warrant?

Police searches are one of the most intrusive aspects of maintaining law and order, and one of the most high profile. From stopping people in the street, in their cars, to turning up on the doorstep demanding entry. But, can the police search you or your property without a warrant?

Anyone who knows the Constitution would immediately say no, as the Fourth Amendment says it quite clearly.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In other words, the police and other law enforcement agencies have to get permission from the court to search you and yours, and have good grounds for doing so.

Despite what you may see on CSI or Law and Order, evidence acquired during any kind of search without a warrant is inadmissible in court, with some exceptions. That means if you are stopped and searched, or your home or car is searched without a warrant, whatever is found cannot be used in any legal proceedings.

What is a Warrant?

A warrant is a legal order signed by a judge authorizing the police to search a specific location and seize specific materials from that location at a specified time. That means the police has to have reasonable cause, and be able to convince a judge that they have a reasonable belief that evidence pertaining to a crime will be found.

A warrant is also pretty specific. It will state a given person or address, and a timeframe within which the search must be carried out. It should also state what is being searched for. A search warrant for a garden does not automatically include a home, or a car on the driveway. Each must be mentioned specifically on the warrant.

Exceptions

As with any law or legal issue, there are exceptions. Police do not need a warrant in specific instances as the Fourth Amendment states “unreasonable searches and seizures.” Those deemed reasonable, for example after police witnessed the crime and chased the fleeing suspect into their home, is not unreasonable.

Exception: Consent

If a citizen freely gives consent to the search, the police do not need a search warrant. Anything found during the search is admissible in law.

Exception: Plain View Doctrine

If a crime has been committed, or the police see a crime in progress, they have the right to search the area for evidence. For example, if someone was driving smoking a joint and the police see, they are entitled to search the car for drugs.

Exception: Exigent circumstances

Another exception is when police genuinely believe waiting for a warrant would put the public in danger or would result in evidence being destroyed.

Exception: Arrest

The law allows for the police to search while a subject is under arrest and in connection with that arrest.

This article is provided to inform citizens about basic legal rights. It doesn’t constitute legal advice and should not be taken as such. Any person needing legal representation or advice should seek a qualified lawyer.