Police officers typically need
a warrant before they are legally allowed to search you or your property.
This limitation helps protect people from factors such as discrimination. Of
course, there are always exceptions to every rule.
Although warrants are necessary to conduct searches, there are times
when an officer is allowed to do so without a warrant. In most cases, it is
because the officer has reason to suspect a crime. These include:
Evidence in “Plain
Sight”
This means a police officer finds incriminating evidence without having
to deviate from standard protocol. For example, if an officer notices a bag of
marijuana in your front seat during a routine traffic stop, he or she has the
right to search your entire vehicle.
A Mountain of
Circumstantial Evidence
Officers are trained to ignore circumstantial evidence such as a black
eye. After all, such signs do not necessarily indicate a crime. When multiple
pieces of circumstantial evidence are present all at once, however, an officer
can legally assume a crime has taken place and search you or your property. An
example of this would be a broken car window, blood on your shirt, and having a
black eye when an officer pulls you over.
If you believe that a police officer had no lawful reason to search you
or your property, be sure to inform your criminal defense attorney of this. If
an unlawful search was conducted, any evidence officers find becomes
inadmissible in court.
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