The general rule is that warrants are required for searches. But search warrants are not required for the following—
- Searches incident to arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
- Automobile searches: If you are arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
- Exigent circumstances: Searches may be conducted if there are “exigent circumstances” which demand immediate action, such as to avoid the destruction of evidence.
- Plain view: Police do not need a search warrant when they see an object that is in plain view of an officer who has the right to be in the position to have that view.
- Consent: If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You are not required to consent to any police searches.
