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Search

search warrant authorizes police to conduct a search of a specific place such as your residence. In order for a warrant to be issued by a judge, “probable cause” is necessary. Probable cause to search means that:

  • It is more likely than not that the specific items to be searched for are connected with criminal activities
  • Those items will be found in the place to be searched
  • Warrantless Searches
    The general rule is that warrants are required for searches. But search warrants are not required for the following:
  • Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
  • Automobile searches: If you’re arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
  • Exigent circumstances: Searches may be conducted if there are “exigent circumstances” which demand immediate action, such as to avoid the destruction of evidence.
  • Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.
  • Consent: If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren’t required to consent to any police searches.
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