Search and seizure are common law enforcement activities comprising an investigation. Lawful searches employ search warrants issued by a judge or a magistrate. However, there are cases when warrants are not required but are still considered lawful. If the search conducted was deemed unlawful, all evidence discovered within the said search will be inadmissible in court.
First off, we need to know when a search is lawful in the absence of a warrant. It begs reiteration that not all warrantless searches or seizure is unlawful. If law enforcement secures the consent to conduct a search, a warrant is not needed. Warrantless searches are also allowed during emergencies. For example, if a fleeing suspect has been seen entering an area or a home, police officers would not need a warrant to conduct a search. This is considered lawful because the criminal puts the lives of innocent people at risk.
Search and seizure can also be done without a warrant if it is incidental to an arrest. For example, if a person is arrested in his home, law enforcers have the right to conduct a search of the suspect’s immediate surroundings for weapons that can be used against them.
Lastly, if a piece of evidence is showing in plain view, like drug paraphernalia on the passenger’s seat of a car, law enforcers are legally authorized to conduct a search. Police officers are also allowed to conduct searches and frisks if they have reasonable suspicion that you are armed during a traffic stop.
Apart from the above situations, all other forms of warrantless search are to be taken as unlawful.
Joe Tacopina is the founder and the Managing Partner of the Manhattan-based Law Offices of Tacopina & Seigel. He specializes in civil, criminal, and securities litigation. To learn more about the law, visit this blog.
Joe Tacopina 