One of the scariest situations for the average person is having the police threaten to search you or your private property. Even if you’ve committed an offense to warrant a search the thought of getting arrested for any evidence found during a search can be harrowing.
Unfortunately, most people in a first-time run-in with the police may not know exactly when a police officer can legally search their property. So, 1st Call Bail Bonds is here to help clear the air about search warrants and the legalities that surround them.
No Matter What, The 4th Amendment Always Stands
According to the 4th amendment in The Constitution, American citizens are never subject to “unreasonable searches and seizures.” So, regardless of what you may or may not have done to attract the police’s attention, without probable cause, a search warrant can’t be issued.
Therefore, without a search warrant, unless specific circumstances arise, the police don’t have the right to search your person or property.
What Can the Police Do Without a Warrant?
Without an appointed warrant, there isn’t much that the police can do when it comes to searching a suspect. When a warrant is not involved in an officer’s investigation, they are legally subject to gaining information through average circumstances:
- Questioning suspects
- Look through nearby windows and open doors
- Walk and drive in areas of suspicion
- Pat down suspects for weapons (and only weapons)
Should a police officer wish to enter your home, car, or conduct a thorough search of a specific person, a court-ordered warrant is required. While the movies may glorify officers kicking down the doors and raiding homes on a whim, the truth is, that’s not how the legal system works.
Are There Limits to Search Warrants?
Keep in mind that even obtaining a search warrant doesn’t come with unlimited power. A warrant grants specific search rights to a person or place. Thus, the police cannot come onto your property and begin searching everyone on the premises.
Situations Where a Search Without a Warrant can Occur
Remember, there are always legal ways that the police can search you without a warrant. If the police arrive at your front door and you grant your consent to a search, they can enter your home and begin a search.
Also, if you are in the process of being arrested, the police are legally allowed to search your property for weapons or evidence.
Two other instances where a search warrant isn’t necessary include the following:
- When the police witness an act of crime
- If the time taken to obtain a warrant puts evidence or victims at risk
Did a Search Get You Arrested? 1st Call Bail Bonds can Help!
If you or a loved one were recently arrested after a legal police search, it’s time to reach out to a bondsman for help. If a judge granted you bail, we can help you post it at an affordable rate. 1st Call Bail Bonds’ Collin County location is open 24/7 and can help you make bail no matter the crime or cost. Contact us today to start the bail bond process.
