When Search Warrants Are Unnecessary

All US citizens have a constitutional right to privacy. In most cases, police cannot search our property without a search warrant granted by a judge. However, there are some circumstances under which the police can legally search your home, person, or car without a warrant. It is important to know what these circumstances are.

If you have been charged with a criminal offense, you need an attorney who can explore every avenue to protect your rights. To discuss your case with an experienced Cape Cod criminal defense attorney, call James Powderly at 508-343-0676.

Searches Without Warrants

The police may be able to legally search you and your property without a warrant in the following circumstances:

  • During the course of an arrest – The police have the right to search anyone they arrest for weapons and contraband items. They may also be allowed to search your property if they have reason to believe that you have an accomplice.
  • If you give consent – The police also have the right to ask permission to search your property. If you consent, they may look through your home or business and seize any illegal items they may find.
  • If contraband is “in plain view” – If the police are legally in a certain location, they may seize any illegal items they find there. For example, if you let police into your home, and you have illegal items in plain view, the police may seize them and charge you with a criminal offense.
  • Emergencies – If police have reason to believe that a person is in immediate danger, or that evidence is about to be destroyed, they may be able to enter and search your property without a warrant.

It is very important to understand when police searches are and are not legal. If you have any questions about your rights as a suspect or defendant, our knowledgeable Cape Cod criminal defense lawyers can help.

Contact Us

Cape Cod criminal defense lawyer James Powderly works hard for each of his clients. To discuss how our team can help you, contact us by calling 508-343-0676.


Interview with a Former DUI Client