We are guaranteed the right to not have our homes and property unlawfully searched by law enforcement, thanks to the Fourth Amendment. However, there are four circumstances under which a warrant is not necessary.
1. Consent
If the owner of the property agrees to a search, no warrant is necessary. However, there are exceptions. If you live with a roommate, you can only consent to a search of your room and any common areas, not your roommate’s room.
2. Plain sight
If the police come to your house or stop your car for legally allowed reasons and see something illegal in plain view, they don’t need a warrant to check it out.
3. If you’re arrested
If the police arrest you in your home, they are allowed to do a search to look for any accomplices or weapons.
4. Immediate action
Police can do a search if they believe the time it takes to get a warrant could be a danger to the public or could lead to evidence being destroyed.
If you’ve had your property searched without a warrant or have any other legal matter you’d like to discuss, contact Las Vegas criminal defense attorney Gabriel Grasso today at 702.868.8866 for a free consultation.
Main photo by Carl Wycoff