The Constitution protects people only from unreasonable searches and seizures. This means that a search without a warrant is allowed, as long as it is deemed reasonable by the courts. Over the years, several “reasonable” exceptions have been developed to the warrant requirement. The first one is based on consent. In 1991 case of Florida v. Bostick, the Supreme Court held that as long as you consent to a search of your person or any of your things, the search is permissible. The issue that usually arises is whether your consent was voluntary. When officers tell you to consent or they will have to arrest you, then the consent is not voluntary, and it is more likely to be an unreasonable search and/or seizure.
Reasonable Searches and Arrests
The second main area of warrantless searches involves searches incident to an arrest. If the officer observes you violating the law or if they are aware of a warrant for your arrest, they are authorized to arrest you and make a reasonable search incident to that arrest. If you are pulled over for a traffic stop and the officer learns during the stop that you have a warrant out for failing to pay your speeding tickets, they are authorized to arrest you and search your person as a result of the arrest.
Probable Cause
A similar search exception is related to the “plain view” doctrine. If an officer sees contraband on your person or in your car in plain view (visible to anyone), then they have probable cause to search and seize the contraband. For example, if you are pulled over for speeding and an officer notices and open container of beer in the cup holder, many states authorize officers to arrest you and search your person and your car for other evidence, e.g. - more beer. If during that search they find other contraband, like drugs, you can also be charged for possessing illegal substances.
Exigent Circumstances
The last major set of warrant exceptions relate to exigent circumstances. Exigent circumstances usually involve some type of emergency situation. If the police have reason to believe that they or someone else is subject to immediate danger, the police can justify a warrantless search to protect themselves or others. If the police receive a call involving a domestic dispute and then while near the house hear evidence that someone is being harmed, they can enter to protect the perceived victim. The search will be upheld, even if it’s later discovered to be a misunderstanding, because the entry was reasonable under the circumstances. Police can also enter a house when they are in hot pursuit of a defendant. There is no “home base” rule. If the police follow you to your home, they are authorized to continue the pursuit to prevent your escape or the destruction of evidence.
These are the general exceptions when the police can search you, your home, or your car without a warrant. Some states provide more protection from warrantless searches than the U.S. Constitution. Other types of relief may also be available through your state’s laws. If you are concerned that you have been the victim of an illegal search, contact a criminal attorney in your area.