Can the police search without a warrant? The Fourth Amendment of the U.S. Constitution protects “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”
Simply put, this means that police can’t randomly search your vehicle or your home unless they have a warrant — written permission from a court of law to perform the search — or unless specific conditions are at play.
What Information Does a Warrant Provide?
When law enforcement obtains a warrant, that means that they go to a judge and request permission to search a specific location. The officers have to convince the judge that there is probable cause for the search to take place.
If the warrant is issued, it will have exact details on where the search must take place — your home address, your vehicle, or your office, for instance. It will also contain details about what officers are searching for, as well as the date and time window that the search may take place. Officers are only allowed to search the location specified in the warrant. For instance, if the warrant allows officers to search your office, they can’t also search your vehicle.
Under What Conditions Can Officers Search Without a Warrant?
If you’ve simply been pulled over or have your car legally parked somewhere, police have no right to search it without a warrant.
In one case in Ohio, police did not have a warrant when they searched and discovered drugs and contraband inside an automobile. The state Supreme Court ruled that because the car was legally parked, police needed to have secured a warrant before they performed their search.
All of this changes if you are arrested. If you get pulled over and arrested for a DUI or because you have an illegal weapon on the front seat of your car, police have the right to protect themselves by searching you. They also have the right to search your vehicle before it gets towed away in order to inventory your belongings, which will allow them to secure any evidence that may be lost or damaged — evidence that they’ll need to use in the case against you.
Police also have the right to search without a warrant if they’ve seen plainly visible evidence of illegal activity. If you’ve got a bag of marijuana sticking out from underneath the seat of your car when an officer pulls you over, he can search the car without a warrant because you’ve given them probable cause to think that something illegal is happening. The same holds true if they hear a gunshot or screaming coming from inside a home and think a crime may be taking place — this gives them the right to enter.
Another situation in which police can conduct a search without a warrant? If you give verbal consent. This is a tricky situation, because when most people get pulled over and police ask if the driver minds if officers search their car, it’s intimidating to say no. Adding to the intimidation factor is the reality that most police officers won’t let you know that you have the legal right to refuse a search.
You can also give consent for officers to search your home. However, if you live with a roommate, you can only give officers permission to search common areas and your own private areas; you can’t give consent for a search of your roommate’s private property. By the same token, an employer can grant consent for a search of their entire office building, but that search doesn’t include their employees’ personal belongings.
The best plan of action in any sticky legal situation is to have a skilled criminal attorney at your side. Don’t make a statement and don’t give consent for a search; just pick up the phone and enlist someone who will help you navigate the confusing criminal justice system.
If you have been charged with a crime, Cleveland felony attorney Matthew C. Bangerter, ESQ. can help. Click here for a free initial consultation or call (440) 241-4237 to start planning your defense.