The law can vary somewhat from state to state, and a knowledgeable lawyer can fully explain it to you. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. When must the police obtain a warrant before searching your home or other property? What Police Can Search for and Seize Under a Warrant The police can search only the place described in a warrant and for only the property that the warrant describes.
Consent Searches What if the person in control of the premises freely and voluntarily agrees to the search? On the other hand, a reasonable interpretation of "house" may not include vehicles, backyard storage sheds, detached greenhouses, or any buildings or property located outside the dwelling Courts consider consent valid if the police reasonably believed that the consenting person had the authority to consent , even if it turned out that he or she didn't.
The Plain View Doctrine A police officer doesn't need a warrant to seize contraband or evidence that is "in plain view" if the officer is legitimately in the area where the evidence or contraband is first spotted.
Search Made in Connection With an Arrest A police officer doesn't need a warrant to conduct a search "incident to" an arrest. The Emergency Exception As a general rule, the police are authorized to conduct a warrantless search when the time it would take to get a warrant would jeopardize public safety or lead to the loss of important evidence.
Here are some situations in which most judges would uphold a warrantless search: Following a street drug arrest , an officer enters the house after the suspect shouts into the house, "Eddie, quick, flush it! A police officer on routine patrol hears shouts and screams coming from a residence, rushes in, and arrests a suspect for spousal abuse. A police officer in "hot pursuit" of a fleeing felon continues the chase into the suspect's home in order to make the arrest.
Stop and Frisk A police officer may stop someone he reasonably suspects of criminal activity, and he may frisk the person for weapons if he reasonably suspects the person is armed and dangerous.
Get Help If you've been arrested or charged with a crime, or otherwise want to know how the law applies to your situation, consult an experienced criminal defense lawyer. Talk to a Lawyer Start here to find criminal defense lawyers near you. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you.
Legal Information. Criminal Law Information. Proof and Defenses in Criminal Cases. Getting a Lawyer for your Criminal Case. Steps in a Criminal Defense Case. Arraignment: Your First Court Appearance.
Plea Bargains in a Criminal Case. Legal Elements of Common Crimes. Expungement and Criminal Records. Should I just plead guilty and avoid a trial? Is the public defender a real lawyer? Can I change defense lawyers after I've hired one? How long after arrest do I find out what the charges are? See All Common Questions. Related Products More. It is important to fight these charges. A protective order, otherwise known as a restraining order, is a court-ordered mandate for an individual to stay away from another.
Violations of these orders can result in things like imprisonment and other penalties. Attorneys Casey Cole and Shawn Paschall make an impactful difference on all of the criminal cases they handle. With more than 50 combined years of legal experience, our criminal defense attorneys in Fort Worth have a proven track record for great results at a great price.
Schedule a free consultation today. What is an Arrest Warrant? Known as exigent circumstances, these situations can involve: 1. An officer believes someone inside a home is in danger or that evidence will be destroyed This is referred to as exigent circumstances.
Here are a few cases in which the police would need a warrant before making an arrest: 1. Arrests Inside a Home As previously mentioned, arrests inside a home usually require a warrant. Misdemeanor Crimes In most cases, probable cause of a misdemeanor crime is not enough to make an arrest.
After an Arrest without a Warrant If the police arrest you without a warrant, they need to be able to prove their against you. If I am charged with a crime, can I be forced to provide physical samples? Probation Revocation. Domestic Violence. Weapon Charges. White Collar Crimes. Juvenile Crime.
Underage Offense. Protective Order. About Us Attorneys Casey Cole and Shawn Paschall make an impactful difference on all of the criminal cases they handle. Why Choose Us? Contact Our Firm Schedule a free consultation today. Looking forward to speaking with you soon. Your Message Has Not been sent. Try again later. Shawn W. Paschall is board certified in criminal law as designated by the Board of Legal Specialization.
In Zurcher v. Stanford Daily , U. The newspaper was not implicated in any criminal activity, but police suspected it had photographic evidence of the identities of demonstrators who assaulted police officers.
When determining whether the actual search violates the Fourth Amendment , courts will use a reasonableness test. Warrantless police conduct may comply with the Fourth Amendment, provided that the conduct is reasonable under the circumstances. In Maryland v. Garrison , U. Howevere, there were two apartments on the third floor.
As such, the search of both apartments was considered reasonable. The Supreme Court has also created some exceptions to the warrant requirement. This is seen in the hot pursuit exception as established in Warden v.
Hayden , US. United States , U. Gant, U. Similarly, the Supreme Court has established that searches which are incident to the warranted search do not necessarily violate the Fourth Amendment. In Michigan v. Summers , U. Additionally, when determining whether to apply the exclusionary rule in light of police deviations from warrant restrictions, courts consider whether the actual search was unreasonable.
Normally, law enforcement officers executing a search warrant may not immediately force their way into a residence. Instead, they must first knock and announce their identity and intent. Then, they must wait a reasonable amount of time to allow an occupant to open the door. Only after waiting may the police force entry. Arkansas , U.
0コメント