Harris County Georgia criminal defense attorney - warrantless searches

Harris County Georgia criminal defense attorney - warrantless searches

Fighting search and seizure in Chattahoochee County Georgia

In few circumstances, police can conduct a search without first securing a search warrant. General exceptions to the warrant requirement are:
Consent. police can conduct a search in the absence of a search warrant when they obtain consent. Consent should be freely and voluntarily given by a person with a reasonable expectation of privacy in the area or property to be searched.

Plain View. An officer may seize evidence without a warrant if that officer is on the premises legally and the evidence is found in plain view.

Search incident to arrest. While conducting a lawful arrest, an officer can search an individuals person and their immediate surroundings for weapons or other items that may harm the officer. When a person is arrested in or near a vehicle, the officer has the right to search the passenger compartment of the vehicle.
Exigent Circumstances. police do not need to obtain a search warrant if they reasonably believe that evidence will be destroyed or others can be placed in danger in the time it would take to get the warrant.

Automobile Exception. An officer can search a vehicle if they have a reasonable belief that contraband is concealed inside the vehicle.

Hot Pursuit. law enforcement can enter a private dwelling if they are in hot pursuit of a fleeing criminal. Once inside a dwelling, police may search the entire area without first securing a search warrant.

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Columbus GA DUI Lawyer | Fort Benning Georgia Criminal Defense Attorney.

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