police conficate car to search for contraband

For example, if an officer pulls over a car and sees an illegal weapon on the center console, the officer can probably examine it, seize it, and arrest the driver. So, police typically don't need a search warrant for items in ' plain view.' Officers must have a right to be in the area where the item is first spotted, and they must have probable cause to believe the item is evidence or contraband in order to seize it.

People don't have an expectation of privacy in property that is exposed to the public. Officers don't necessarily have to ' read people their rights' before a search and are not required to warn people that they have a right to refuse consent to a search. Consent can be verbal or even implied based on conduct in some states. Valid consent must be voluntary and unequivocal, but it doesn't have to be written. People can waive their Fourth Amendment rights and consent to a search. An officer can seize contraband (like a bag of cocaine) discovered during a limited frisk for weapons if it is immediately recognizable as contraband by plain feel or touch.

If they have further reason to suspect that the person is armed and dangerous, they may frisk (pat down) the person's outer clothing for weapons. Officers can briefly stop (detain) people they reasonably suspect of criminal activity. Warrantless SearchesĬourts stress the importance of search warrants, but there are a few 'specifically established and well-delineated exceptions' to the warrant requirement. Search warrants can still be challenged in court (see below), but they are presumed to be lawful. To obtain a search warrant, officers must convince a judge that they have probable cause (a reasonable suspicion based on facts) to believe that criminal activity is occurring at the place to be searched or that evidence of a crime might be found there.Ī warrant is like a permission slip for a search signed by a judge. For example, a search warrant for the office of a suspected tax evader might authorize police to search 'the desk, file cabinets, and personal computer' of the suspect at '8 Columbus Street between the hours of 9 a.m.

A search warrant is an order by a judge that authorizes police to search for specific items at a particular place and time. The general rule is that a valid warrant is required for a search. This article briefly outlines when police can reasonably search you and your vehicle and how to challenge an unreasonable search in court. The Fourth Amendment to the United States Constitution protects people against 'unreasonable' searches and seizures by law enforcement.

Police conficate car to search for contraband