However, there are a number of exceptions. This guide explains the various instances when law enforcement professionals do not need a warrant to conduct a lawful search.
This does not mean an officer can simply search everyone in the interest of safety. The police officer needs to point out specific facts that gave them a reasonable suspicion to stop that person in the first place. When frisking a person's outer clothing for weapons, the police may feel other items that raise their suspicion.
Search warrant - Wikipedia
If the "plain feel" of the other items makes it immediately obvious to the officer that the item may be illegal, such as drugs or contraband, the officer can seize those items. The office must use the least intrusive means available to seize the items in question. The police have no obligation to inform people that they can refuse to consent to a search.
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However, officers cannot coerce, trick, or intimidate someone into giving their consent to search. For example, if an officer asks: "May I come inside and look around," you can always refuse the officer unless he has a warrant to search your home. If that officer then says that he has lawful authority to search your home and that you had better let him in or your grandmother will be arrested, that search may be unlawful.
For example, if an officer is lawfully standing inside a person's house and sees a marijuana plant in the living room, the officer can seize the plant, and arrest the owner. The officer may search the person and the person's surroundings. As a general rule, the police may search a suspect and the area within that suspect's immediate control.
Although state interpretations of the area of immediate control may vary, generally anything within the suspect's physical reach is fair game. However, police must justify this search with a reasonable belief that a dangerous accomplice is hiding in the residence. Provided that the protective sweep is valid, police can also seize evidence that comes into plain view during this sweep.
During this type of search, the police may not look into containers that are too small to hide a person, but may search areas like closets or basements. Generally, when the time it would take to get a warrant would endanger public safety or risk the destruction of important evidence, a police officer may conduct a search without a warrant.
A criminal lawyer can help you navigate through the complex legal system and restore your privacy rights. Matthew Izzi.
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Law Library Disclaimer. Can't find your category? Click here. Similarly, evidence seized in plain view is not justified in the absence of a warrant, valid consent, or exigent circumstances to justify entry onto premises to seize the evidence, State v. Hawkins , Ohio App.
Authorization to search for evidence can provide the prosecution with an exception to the warrant requirement, Schneckloth v. Bustamonte , U.
Search Warrant Exceptions
However, the scope of a validly consensual search must be strictly limited to the terms of consent i. Robinson , Ohio App. Mack , Ohio App. Where general consent is given for a search for evidence, and the individual authorized to give consent volunteers specific information as to where the evidence may be found, a search of that particular area is within the scope of the original consent.
However, a consensual search cannot extend to an area in which the defendant has a reasonable expectation of privacy, State v.
Bradford , Ohio App. Consent to a search may not only be limited but may also be revoked at any time, even after the search has begun.inriesiddwhi.tk
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Riggins , Ohio App. This is a waiver of the notice requirement under Ohio Rev. The issuing judge or magistrate will grant the request for a waiver only if they believe there is probable cause to believe the above-mentioned conditions.
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Ohio Rev. The pursuit must take place from a public to a private venue. Police officers may lawfully enter a private residence. Mathis , Ohio App. However, this scenario does not exist when the alleged offender is already inside of a private dwelling, where there is an expectation of privacy, State v.
Cummings , Ohio App. That is, evidence obtained on the basis of a defective warrant may only be admissible when at the moment the mistaken belief was formed, there must have been sufficient cause for a reasonable person to share that same belief. The concept of good faith is based on such factors as a cost-benefit analysis, the circumstances of the search, its place and duration, the extent of intrusion, the good faith suspicions of the law enforcement officer, and the tangible nature of the object seized. The good faith exception to rule requiring suppression of evidence that was seized does not apply in four instances:.
The burden is on the state to prove that the good faith exception applies in a particular case.