Police officers who are investigating crimes often need to find evidence for the case. That need doesn’t mean that they can go looking wherever they want, wherever they want. Instead, they may need to obtain a search warrant.
A search warrant is a court order that is signed by a judge or magistrate that gives the officers permission to search a specific location for specific items. Officers have to provide the court with probable cause for the warrant. The need for a search warrant is governed by the Fourth Amendment, and the requirements must be fully complied with.
Situations that don’t require a search warrant
There are times when police don’t need a search warrant. The most common of these is when a person grants the police officers permission to search a specific area. Exigent circumstances are another time when police may not need a search warrant. A warrant is not required if the search is incident to an arrest, including one that’s made on a felony charge. Additionally, a warrant isn’t needed if the officer is chasing a suspect who goes into a space that isn’t public.
Police officers also don’t need a search warrant if they’re going to seize evidence that’s clearly visible from a place where they’re allowed to be. For example, if they’re on the sidewalk in front of a house and see illegal items on someone’s porch, they can seize those items without needing a search warrant because the items can be seen from where they’re allowed to be.
Evidence that’s seized illegally without a valid search warrant can be suppressed in a criminal case. Working with someone familiar with these situations is beneficial throughout the process.