As many may know, police officers do not have the right to search your property until a warrant has been issued, except for under very specific circumstances. However, what happens when the police actually do obtain a warrant? Or if those other circumstances suddenly apply? Many may wonder what types of personal property can then be searched, because there are certainly some areas that are still off-limits to the police officers, with or without a warrant.
Only what is stated on the search warrant is allowed to be searched. Say, for example, the warrant grants permission for the police officers to search your car, but not your home. In this scenario, the officers are certainly allowed to go through your car in its entirety, but as the details of the first warrant state, because the items in your house are not listed, that area is off-limits to them. That being said, if they suddenly find a reason to search your home from the items found within your car, the officers may then go back and get another warrant to search your home.
Can police search without a warrant?
In some cases, yes, they can. One example might be if an illegal object, or any other evidence, is seen in plain view of the officer on your premises, then they have the right to search the area without a warrant. Another example might be during a hot pursuit of a fleeing criminal, the officers are allowed to scope out the criminal’s private dwelling in a case like this. Also, when arresting someone, the police have the right to check their immediate surroundings, including a car and whatever else may be near them, for weapons or other harmful substances. Lastly, police officers have the right to search without a warrant if they believe there is possible harm or disposal of evidence occurring behind closed doors.
What to do if you have been searched without a warrant:
If you have been searched without a warrant, hiring an experienced attorney is your best option. They will be able to help you figure out what – if anything – the officers may have done that was illegal, and if they can find evidence against the officers, then your attorney may be able to press charges for you. Consider Tumelty Law if you feel you have been wrongfully searched. Mr. Tumelty will work tirelessly to defend you and your rights. Contact his office today for a consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.