The Fourth Amendment of the U.S. Constitution is very clear: We are all entitled to be safe from unreasonable searches. A search warranty bust be issued under oath, there must be probable cause, and the place that’s searched or the people and / or things that will be seized must be clearly outlined.
Of course, it doesn’t always go that way. In some cases, it’s not practical or necessary for a police officer to obtain a search warrant. That’s why the courts have outlined specific exceptions to the requirement for a search warrant. These exceptions include:
- Searches completed after a lawful arrest has been made.
- Evidence in plain view does not require a search warrant in order for it to be legally seized.
- If an officer is doing a pat down to ensure they don’t have weapons on their person, then an officer can remove any object they feel may be a threat.
- An officer can search inside a vehicle if they believe they have probable cause.
- A person can always consent to a search of themselves or a specific area. If they do, a warranty isn’t required but the search will be limited.
Of course, there are other exceptions. For example, if a person is on probation or parole then their parole officer can search them at virtually any time for any reason. Government authorities, such as fire departments or health departments, can conduct administrative searches to ensure buildings are following the necessary codes. Finally, airport searches are legal for security purposes.
Should you consent to a search?
At Chambers Law Firm, our answer is always the same: Not without consulting with a criminal defense lawyer in Beverly Hills CA. While you may be tempted to allow a search when you haven’t done anything wrong, remember that it is your constitutional right to not undergo a search for no reason. While you may know you’re not guilty, you never know what seemingly-damning evidence you could possess.
Do you need to work with a leading criminal defense lawyer in Beverly Hills CA?
Have you been accused of a crime in the Beverly Hills area? Are you worried about something that’s been uncovered during a legal or illegal search of your property? Then it’s time to contact Chambers Law Firm. You will speak with a leading criminal defense lawyer in Beverly Hills CA who can provide you with a free consultation. We’ll discuss the evidence against you, the charges being brought or the possibility of charges being brought, and your options.
No matter what the charges against you are, you can count on Chambers Law Firm to fight for the best possible outcome. Whether you want to take your case to trial and need a powerful litigator, or you want the best possible plea option, we can help. Contact us today by calling 714-760-4088.
