Don’t the police need a warrant to search? You Can Tell Police To Come Back With A Warrant!

In general, yes; the police need a warrant to conduct a search. This general rule is established by the Fourth Amendment to the Constitution, which prohibits unreasonable searches and seizures. As a practical matter, though, there are many exceptions to this general rule. For example, the police do not need a warrant to conduct a search when:

1. They see contraband or evidence of criminal activity in plain view.

2. They make an arrest; this type of search is called a search “incident to arrest.”

3. Emergency (or “exigent”) circumstances exist (e.g., An officer may enter your home to conduct a search if he is in hot pursuit of a suspect, or to protect the safety of someone inside the home if the officer reasonably believes that person to be in danger).

4. You consent to the search.

If the police ask you for permission to search, this means they have no warrant and likely have no other grounds to justify the search. You should refuse all requests for permission to search.

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