Looking To Avoid An Endless Trial? Schedule A Free Consultation Today.

Beware of these exceptions to the warrant requirement

On Behalf of | May 16, 2024 | Criminal Defense

When you’re under investigation for a criminal offense, the police will do everything in their power to gather evidence that makes you look guilty. While they’ll talk to witnesses and try to interview you, they’ll also work to seize physical evidence. Generally, the police are supposed to obtain a warrant before they search your home, your business, or your vehicle, but there are several exceptions to that requirement that allow the police to conduct a warrantless search.

What are the exceptions to the warrant requirement?

There are several. They include:

  • Searches that are consented to by the property owner.
  • Searches intended to seize illegal contraband that is in plain view.
  • Searches conducted pursuant to an emergency situation, such as when evidence is about to be destroyed or when someone is in danger.
  • Entry into a home that’s part of a hot pursuit of a suspect.
  • Searches conducted incident to arrest, where your person and anything you’re carrying can be searched.
  • Searches of a vehicle when the police possess probable cause to believe that illegal items are contained within the vehicle.

There are other exceptions to the warrant requirement that the police might use in your case. What’s crucial to remember, though, is that the police frequently botch the utilization of these exceptions. When they do, your rights are violated, and you might be justified in filing a motion to suppress that evidence.

Don’t let law enforcement trample your rights

There’s a reason you have Constitutional protections against unlawful searches and seizures. If you think your rights have been violated, you need to carefully consider how it could affect your criminal defense. After all, pointing out how you’ve been wronged could mean the difference between a guilty verdict and an acquittal.