People’s rights in America are discussed in the United States Constitution. In the Fourth Amendment of that document, there are protections against unreasonable searches and seizures.
One of the requirements that helps to enforce that protection is the need for a warrant. Law enforcement officers typically need a warrant to conduct a search of a property or seize evidence.
Purpose of a warrant
In order to get a warrant, the law enforcement officer must have probable cause that shows the court that there’s a valid reason for the search. This helps to provide a system of checks and balances to ensure that the police officer isn’t trying to overstep their reach or harass innocent people.
Exceptions to the warrant requirement
Warrants are almost always required, but there are a few exceptions to this. A search is allowed if the officer obtains permission for it. There’s also an exception if there’s an immediate public safety threat or if the search is subsequent to an arrest. It’s also possible for them to search without a warrant if there’s a credible reason to believe that evidence will be destroyed if it’s not immediately collected.
When it comes to evidence, it’s possible for police officers to seize evidence without a warrant if it’s in plain sight from a location where the officer is legally allowed to be. If there are violations of these search and seizure laws, any evidence seized may not be used in the case against the defendant.