When Can the Police Search Your Person?

The Fourth Amendment offers protection against unreasonable seizures and searches by law enforcement officers. But it also enables them to perform searches of your person, belongings, vehicle, or home under certain circumstances. So when can law enforcement search people and their property? Put simply, a search will be considered legal if the police have a search warrant or the search falls under a recognized exception to the search warrant requirement.

Whether the police’s actions qualify as legal is crucial. Otherwise, any evidence they found during the illegal search will not be admissible in court.

What are The Exceptions to Search Warrant Requirement?

Many police searches don’t need warrants due to various legal exceptions. When the police do need a warrant, they go to a judge who will review the officer’s reasons for obtaining a warrant to verify whether there’s probable cause to justify issuing a warrant. If yes, the warrant will be issued and will specify the location that could be searched and what specific evidence could be seized.

There are various legal exceptions to the search warrant requirement. A search will be considered legal even if the police don’t have a warrant in the following scenarios:

Consent Search

When an individual freely consents to the search, the search would be considered legal. For example, it won’t matter if an officer did not have probable cause to inspect your vehicle if you voluntarily agree to the search.

Terry Stop

Also known as a stop and frisk, the police can stop or detain you if they have reasonable suspicion that you have engaged in criminal behavior. They’re likewise permitted to perform a frisk or pat-down if they suspect that you might be armed and dangerous.

Plain View Search

Searching a person is permitted when an officer is somewhere they are permitted to be, like a public park, and notice something suspicious that they determine could be related to a crime, such as a plastic bag containing drugs in the hands of a person in the park.

Search Incident to Arrest

Following a legal arrest, law enforcement officers can immediately inspect the arrested individual and the surrounding area within the individual’s control. However, even if the police find a mobile phone on you during a search incident to arrest, they might still need a search warrant to check the contents of your phone. 

Inventory Search

Searches are generally considered inventory inspections if their main purpose is the protection of people or property instead of an investigation. An example would be the police searching a vehicle and taking an inventory of its contents prior to taking it to the impound lot.  

Exigent Circumstances

During emergencies or urgent situations where evidence might be compromised or destroyed or someone might be harmed, law enforcement could act immediately even without a search warrant. Normally, the police will need a search warrant to enter and inspect a home. However, if they smell drugs or observe signs of violence or a person in distress, a warrantless search may be justified.

Seek Legal Help from an Experienced Criminal Defense Lawyer Today

If you're facing criminal charges and have been searched by the police, call Cohen Law Offices at 715-514-5051 for legal advice. In the event that the police conducted an illegal search in your case, it may result in the dismissal of your charges.