Can the Police Search Without a Warrant?

In order for the police to search your home, vehicle, or physical person, they must obtain either your permission or a search warrant. If you do not give your consent, they must establish "probable cause" before they can legally search you.

For example, in a case of suspected drunk driving, an officer cannot pull you over without establishing probable cause that you may have been drinking. Examples of probable cause for believing that you are operating under the influence (OUI) include swerving, running red lights or stop signs, driving too fast or too slow, and other signs of reckless or irrational behavior behind the wheel. If an officer notices these signs, he or she has the probable cause necessary to pull you over and ask you to submit to a blood, breath, or urine test determining your blood alcohol content (BAC).

If you do not give your consent for a search, and the officer does not have probable cause to conduct the search, then the search will be ruled in court as illegal and any evidence it procures will be invalid.

As a former police officer, I understand the finer points of investigation procedure and my goal is to use this information to protect the rights of my clients. Not every attorney is able to get to the bottom of a case involving improper police procedure. With my background knowledge and experience, I can defend you effectively. My first step is to ascertain whether the evidence against you in a case was obtained illegally. This may involving interviewing arresting officers, cross-examining witnesses, and looking at official records. Whatever it takes, I am passionate about protecting my clients and using my in-depth knowledge of the criminal justice system to ensure that your rights and your future are protected. Contact KRP Law, LLC to learn more or to discuss your case in a free consultation.