When Can Law Enforcement Conduct a Search Without a Warrant?

Generally, there are five situations where the law permits law enforcement to conduct a search without a warrant. First, a warrant is not required when law enforcement conducts a search of the person “incident to an arrest.” When law enforcement conducts an arrest, they may search the individual and the area within his immediate control. This is to make sure the individual does not bring with him any weapons or contraband. Secondly, law enforcement may conduct a warrantless search when they stop a vehicle and they have probable cause to believe that the vehicle contains contraband. This exception also includes the right to inventory the contents of a vehicle after the individual is taken into custody. Third, a warrant is not required when law enforcement is in “hot pursuit” of an individual who runs into a house. Forth, the police may seize contraband or other evidence if it is in plain view and they are in a place they are lawfully entitled to be at. Lastly, a warrant is not required when the individual consents to the search.
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