Citizens are protected from unreasonable searches and seizures under both state and federal law. That means police must have a warrant to inspect your person or property. If they do so without one, any evidence they obtain may not be admissible in a court of law. If you are facing criminal charges, a defense attorney can assess the circumstances of your arrest to determine if you were the victim of an illegal search. However, as James F. Bogen, Attorney at Law, in Cincinnati, OH, points out, there are some exceptions to the rule that people should be aware of.

When Is a Search & Seizure Lawful Without a Warrant? 

During Arrest

Police are permitted to search individuals whom they arrest. As long as they have cause to arrest you, they may search your person and property within reason. This might include your home or vehicle, depending on where it’s taking place. Additionally, if police do so while you are riding in a vehicle, they may also search the other people in the car at the time.

With Probable Cause

Police do not need a search warrant to check your vehicle if they have probable cause that it contains evidence of a crime or contraband. However, they must limit the scope to areas where the contraband is likely to be found. For example, if they are searching for a stolen computer, they may look in the trunk but not in the glove box, since it would not fit there. If they had probable cause to search your vehicle but you think they did not maintain reasonable boundaries, your defense attorney can help you frame your case around that fact.

With Consent

If you consent to a search, police have the right to conduct one. For example, an officer may ask to search your vehicle without revealing you have the right to say no. As a result, you may inadvertently agree under pressure. Unfortunately, even in this case, the search is considered lawful and any evidence gathered is admissible in court. Also, remember that you can not consent to a search.

If police conducted a search without a warrant, you may be the victim of an illegal search and seizure. James F. Bogen, Attorney at Law, will determine whether you have a valid defense to the criminal charges you are currently facing. To learn more about his experience fighting federal offenses and drug felonies, visit the firm online. To schedule an initial consultation with the defense attorney, call (513) 503-7251 today.