In my last article, I covered warrantless searches that required probable cause. I mentioned at the end of that article that there are five types of searches that do not require probable cause or a determination that the need for it, as stated by the officer, is enough to be probable cause. Here is look at those:
Those searches are:
- Stop and Frisk, also known as a Terry Stop. This is limited to outer clothing for the purpose of maintaining officer safety. Officers cannot reach into your pocket to pull out the plastic bag they feel because a plastic bag is not a weapon.
- Search Incident to Arrest is one of the most common ways evidence of other crimes is found. For example, you are arrested for a fight. After cuffing you the officer searches you and finds oxycodone pills in your shoes. The officer can now add a drug charge to your case.
- Consented Search is as it sounds. Officer asks in some way if they can conduct a search, and you say yes. Keep in mind if you do consent, against the advice of every defense attorney ever, you can withdraw your consent at any time and limit where they can search.
- Inventory is often a search occurring after an arrest. This is the officer going through a purse, wallet, backpack, or car after arrest before that item is locked in booking or towed. The purpose is to document the belongings, not to look for evidence, but if they happen to find that bloody knife, they do not have to ignore it. Which is why this often leads to additional charges.
- Administrative Searches are like those going through airport security or entering Disney property. This is because by entering that property or buying a ticket you have agreed to follow their requirements and submit yourself to the search.
As with any criminal case, there are rules and exceptions that can change how a case proceeds or what charges are ultimately at issue. Experienced criminal defense attorneys can review your case and the evidence against you to determine if proper procedures were followed during a search.
About the Author: Ms. Angel is a criminal defense attorney with years of experience as both a prosecutor and a public defender handling thousands of criminal cases, as well as law enforcement experience.
This article is for general information only and is not intended as and does not constitute legal advice or solicitation of a prospective client. It should not be relied on for legal advice in any factual circumstance.