Do the Cops Always Need a Warrant?

No. In fact, the cops usually don’t need a warrant. Since the 1960s, the Supreme Court has carved out so many exceptions to the Fourth Amendment’s search warrant requirement that the exceptions swallow the rule. The good news is that these exceptions, some of which are outlined below, don’t automatically apply. Instead, the state has the burden of proof to demonstrate that the warrantless search was “reasonable” under existing law. So, the cops don’t always need a warrant, but they cannot perform random searches.

However, as mentioned, these exceptions are very broad, especially in red states like Florida. So, unless a Tampa criminal defense lawyer intervenes, the state could easily run roughshod over the defendant’s civil rights. Contrary to their image, prosecutors care nothing about justice. Instead, they seek to convict as many people as possible and sentence them to the longest possible prison terms. They’re not afraid to use tainted evidence to obtain these things. Only a determined attorney ensures that rights are protected and the punishment, if any, fits the crime, if any.

Probation/Parole Searches

Generally, search and seizure exceptions are buried in the fine print of most supervised release conditions in Florida. These exceptions usually include property searches and drug tests.

Usually, probationers provide blanket consent for property searches, including vehicles, personal property, and real property. At the drop of a hat, officers can rummage through anything the probationer owns or possesses. Such searches are frequent because probationers have targets on their backs. When investigators look into criminal activity, they usually start with probationers in the area, reasoning that they committed the crime or have some information concerning it.

A detail-oriented Tampa criminal defense lawyer thoroughly reviews probation conditions before the defendant signs on the dotted line, and eliminates or modifies harsh conditions like on-demand searches.

Especially in certain situations, like DUI probation, random drug or substance tests are par for the course. Typically, the supervision officer orders the probationer to take a test at a random time, usually the middle of the day. Then, the probationer has a certain amount of time, usually about two hours, to submit a sample at an approved testing center.

These conditions are incredibly restrictive for people with transportation issues. They’re burdensome for everyone else, because the probationers must drop whatever they’re doing to comply with the order.

On a related note, possession of a prohibited substance probation violation cases are very common. Prosecutors must only establish possession by a preponderance of the evidence (more likely than not). So, proximity alone is usually sufficient. Prosecutors need not establish actual knowledge or exclusive control.

Search Warrant Exceptions

Broad exceptions also apply during investigatory stops and other pre-arrest activities. Owner consent, which we touched on above, is probably the most common one.

Essentially, consent is affirmative and voluntary. Owners or apparent owners, like drivers who don’t legally own vehicles, must say “yes” or make some other positive affirmation. Furthermore, coerced consent is not legal consent.

Officers often bully people and tell them if they don’t consent to a search, they’ll get a warrant. These threats are empty threats. If officers had probable cause to obtain a warrant, they probably wouldn’t ask for consent to search.

Other common exceptions include the plain view exception and its cousin, the stop-and-frisk exception. Officers can seize contraband they see in plain view whether or not they have warrants. If they reasonably suspect criminal activity, they may frisk suspects for weapons and seize any contraband they see in plain view, or more likely feel in plain touch.

Connect With a Detail-Oriented Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.

Source:

law.cornell.edu/constitution-conan/amendment-4/exceptions-to-warrant-requirement