Residents of New City may be aware that they have certain rights when it comes to a police search and seizure, but they may not know what these rights are. In general, a search warrant is needed for police to perform a search of a person or a location in order to uncover evidence of a crime. However, there are some exceptions to the warrant requirement that should be understood.
For example, one exception to the search warrant requirement is consent. If a person gives police permission to perform a search, the police may not need to obtain a warrant to do so. In addition, if evidence of a crime is in plain view in a location where the police are allowed to be per law, the police need not obtain a warrant to seize such evidence.
A third exception to the search warrant requirement is emergency. If there is an emergency situation at hand, the police may not be required to procure a warrant before performing a search. Finally, if an individual in New City has been placed under arrest, the police may perform a search of the individual and that person’s immediate surroundings for firearms or other weapons that may pose a threat to others.
As this shows, police do not always need a warrant to perform a search. That being said, it is important that the accused’s constitutional right against illegal search and seizures is not violated. If it is, the evidence obtained from the illegal search and seizure in some cases it may be inadmissible. This can be a crucial part of a criminal defense strategy.
Source: FindLaw, “Search and Seizure FAQs,” Accessed Dec. 6, 2015