The police generally need a reason to stop you, or to search you, your house…or your car. The constitutionally based ‘warrant requirement’ which protects you from an unreasonable search or seizures can be overcome by circumstances that eliminate the need for the police to find a ‘neutral and detached magistrate’ (a judge) from whom they can request a search warrant. Your actions can support an exception to the need to obtain a judicial approval for the search. Common exceptions to the warrant that permit the police to conduct an on-site search and seizure include (but are not limited to) ‘Border entry’ into the U.S., Automobile Searches, Consent to the Search by the Person in Question, ‘Hot-Pursuit’, ‘Plain-View’ observations, Search Incident to Arrest, and, ‘Stop and Frisk’ scenarios. These exceptions are very fact-dependent , and where the incident provides the police with a sufficient factual predicate, no warrant is required to support the constitutionality of the search.
If you feel you have been subjected to an unreasonable search for which authorities have uncovered “evidence” to support an allegation, contact a criminal defense attorney at your first chance. If you need a consultation, I can by phone provide you a free one to discuss how best you should move forward.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102