Why can the police can search me without a warrant?

If you think that being searched without a warrant is wholly illegal, you are wrong.  A search warrant is a legal document that provides law enforcers with authority to search specified property or a specific person. This document generally requires the signature of a judge. That signature should only be provided if law enforcers have evidence or information to convince the judge that they have probable cause that an individual has or will commit a crime. This system is in place specifically to limit the ability of police officers to randomly search people. However, there are some instances where exceptions exist and a person may be searched without a warrant for the sake of safety or justice.

Search Warrant Exceptions

An instance in which a person may be searched without a warrant is when he has been placed under arrest. In this case, a person loses his liberty and is then in the custody of the arresting authority. While in custody, he also loses the right to privacy that would prevent unauthorized searches.

The Plain View Doctrine can grant police officers the authority to search a person if they can see an item that suggests wrongdoing. For example, if a person has the handle of a bloody knife hanging from his coat pocket, he may be searched solely on that basis. Ignoring this fact could jeopardize justice.

It is also important to remember that one of the primary duties of police officers is to protect the public. In instances where there is reason to believe that a person may commit a crime, police officers may search him without a warrant.

If you are facing charges that stem from a warrantless search, and you believe it was illegal, contact a criminal defense attorney.