When Police Don't Need a Search Warrant

The Fourth Amendment of the US Constitution protects citizens from unreasonable search and seizure by law enforcement agents. As a general rule, this means police must obtain search warrants from the courts before looking through your private property. However, Rhode Island law allows police to conduct searches without warrants in certain cases.

Unfortunately some police officers have abused this right in the past. If you have been arrested following an illegal search, Rhode Island expungement lawyer James Powderly can help you set the record straight. Call our offices at 401-662-9006.

The Exceptions

Police may not need a warrant to search your premises if:

• There is an emergency. If stopping to obtain a search warrant would endanger citizens or cause the loss of important evidence, the requirement for a warrant can be waived. For example, if police hear signs of a struggle from inside a private residence, they can enter that residence without permission to make sure no one is getting hurt.
• They obtain your consent. This is a complex law, as it is not always clear who can consent to a search of a certain property; for example, your landlord cannot give permission to search your private home. If police obtain consent through coercion, it is considered invalid.
• They arrest you. Police can search you for weapons and illegal substances when you are under arrest. They can also “sweep” an area during an arrest to make sure no dangerous people or devices are hidden there.
• Evidence or illegal items are in plain view. If the police have a legal right to be in a certain area, they also have the right to seize any contraband items or evidence they see there. These items must be out in the open; police cannot search for them without a warrant.

A Rhode Island expungement attorney can help you learn more about arrest procedures and your rights.

Contact Us

Even if you have been arrested based on illegally obtained evidence, that arrest can stay on your record and create problems in your life. To clear your record of dropped or acquitted charges, contact Rhode Island expungement lawyer James Powderly at 401-662-9006.