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Protecting Your Rights Since 1987

Can police search your home without a warrant?

Can police officers search your Marshall County home without a search warrant? The shortest answer is yes. A longer answer is yes, they can, but only in certain situations.

If you have been arrested for drug trafficking and believe there is reason to suspect the search of your premises was improper in any way, speak to an experienced criminal defense attorney. An experienced lawyer will be well-versed in proper search procedures, the law, details of police paperwork, as well as many other elements crucial to providing you a proper defense.

So what are those "certain situations" in which officers can search your home without a search warrant?

  • The first, and perhaps most important to remember, is consent. If you (or the person in control of the property) consent to a search, police can search the premises without a search warrant. If your consent was only given because of police intimidation or threats, your attorney will want to know that immediately.
  • Second special situation: contraband is in plain view. If the officer is properly on your property, and sees clearly visible drug paraphernalia¬†or contraband, they can seize the drugs as evidence.
  • Third special situation: to make sure they are safe, officers can conduct a "protective sweep" to look for weapons or accomplices.
  • Last on the list: exigent circumstances, which refers to emergencies in which police believe public safety would be endangered if they did not act. Police can also invoke this if they believe evidence could be lost/destroyed if they do not conduct a reasonable search.

A criminal defense attorney can help you protect your rights and freedoms imperiled by an improperly conducted search.

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