Many people have seen police officers in movies and on television showing a person a search warrant to gain access to a home. That’s not something that’s only done for shows. Instead, it’s a fundamental right for people in the United States that’s rooted in the United States Constitution.
The Fourth Amendment of the Constitution provides individuals the right to be free from unreasonable searches and seizures. A search warrant is a safeguard for individuals because it requires law enforcement officers to obtain the court’s permission to conduct a search and seize evidence found during that search.
A search warrant should contain a variety of information, including what’s being searched for and the location of the search. With very few exceptions, search warrants are required for all search and seizure situations.
Exceptions to the search warrant requirement
One of the most common exemptions from the need for a search warrant is if the officer can obtain consent to search. This must be provided by someone who has authority over the property and must be given of that person’s own free will.
Another exception that’s sometimes applicable is for exigent circumstances. This would apply if there’s an emergency, such as to prevent the destruction of evidence or because of an immediate danger that can be prevented.
If a person is arrested, they can be subjected to a search. That search isn’t limited only to their person, but it can also include the immediate area around them.
Another exception has to do with evidence that’s in plain sight. If an officer can see evidence of a crime from an area where they’re lawfully allowed, they can seize the evidence.
Ultimately, unlawful searches and seizures can sometimes lead to suppressed evidence in a criminal case. If this is a factor in someone’s case, they should work with a legal professional who can help them to uphold their constitutional rights.