What Is Probable Cause for a Warrantless Search?
The Fourth Amendment to the U.S. Constitution states that all government searches and seizures of civilian property must be reasonable. Search warrants must be issued based on "probable cause" and must describe the specific place to be searched and what is being sought. However, courts have upheld warrantless searches in a wide and growing variety of circumstances.
Other People Are Reading
-
Probable Cause for Warrants
-
The Fourth Amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The term "probable cause" is not defined in the Constitution or by statute, so courts have ruled on what it means -- that, at the time the officer makes the affidavit of application for a warrant, he had reasonable cause to believe that evidence of a violation of law was located at the place to be searched.
Warrantless Searches and Seizures
-
Although the Fourth Amendment indicates that all searches must be made pursuant to a warrant, courts have upheld numerous types of warrantless searches. Police may search without a warrant if they receive consent from the individual whose person or belongings are to be searched. They may also search a person and his immediate surroundings (and any containers within his reach) at the time of a lawful arrest, or during a brief investigatory detention. Officers may also seize without a warrant items that are in plain view.
-
Exigent Circumstances
-
Police may search without a warrant when there is the same probable cause as would be necessary to obtain a warrant, but officers have reasonable cause to believe that the evidence is in danger of imminent destruction, or that the public or the officer is in physical danger, or that there is a likelihood the suspect will flee or remove the evidence before a warrant can be obtained.
Vehicles and Stolen Property
-
Courts have held that police do not need a warrant to search a motor vehicle, because motor vehicles are inherently transportable, so any evidence contained within them is likely to drive away.
Police may also conduct inventory searches of any motor vehicle that is towed or impounded by police, as well as any item that comes into police custody as lost or stolen property, such as a wallet, purse, briefcase or backpack. Probable cause is not required for these warrantless searches because they are conducted for the purpose of preserving the rightful owner's property.
Border Searches
-
Law enforcement agencies do not require warrants to search people, vehicle, luggage and containers entering the United States. Probable cause for these searches is found in the fact that the subjects are trying to enter a sovereign nation that has an inherent right to protect itself and its citizens.
Searches at Sea
-
Law enforcement officials and the Coast Guard may board and search the main deck areas of any vessel in U.S. territorial waters without a warrant. No probable cause is required for these searches, which are authorized under old common law provisions regarding safety of vessels at sea. Searches of private passenger compartments would require probable cause and either a warrant or appropriate circumstances for a warrantless search.
Administrative Searches and Special Needs
-
Certain agencies may conduct administrative searches -- such as fire or electrical safety inspections -- without warrants or probable cause; however, these searches may not ordinarily be used to provide evidence in criminal prosecutions. Courts also recognize warrantless searches as being lawful in unique circumstances where the court is persuaded that law enforcement's "special needs" outweigh the owner's privacy and property rights interests.
-
References
Resources
- Photo Credit Cindy Hill
