Do the Police in Ramsey County Always Have to Have a Search Warrant? Exceptions to the Rule
The Fourth Amendment
The Fourth Amendment requires the police to have probable cause in order to obtain a search warrant to search a person or their property. However, there are multiple exceptions to this search warrant requirement and it is important to know that the law keeps changing. Search warrants exceptions can impact all sorts of criminal cases including:
Because of both ongoing Federal and Minnesota state law cases, the purpose of this post is to provide a very general overview of some of the basic exceptions to the Fourth Amendment’s search warrant exceptions. However, to know what the police can and can’t do, you should sit down with a Minnesota Board Certified Criminal Law Specialist and St. Paul based criminal defense attorney to know your rights.
Exceptions
Consent
If a person gives consent and the officer reasonably believes that the person has the authority to do so, then there is no search warrant requirement. The issue is really about whether the officer “reasonably believes” that the person has the authority. So, for example, a parent could give consent to allow an officer to search their child’s room without a warrant. However, the child couldn’t give the officer consent to search their parent’s room. Another example would be a friend who didn’t live there consenting to let an officer search their friend’s apartment. It would be unreasonable because they simply didn’t have the authority to give consent. Illinois v. Rodriguez, 497 U.S. 177 (1990). Let’s be clear, you do not have to give consent. It is strictly voluntary and you can say no. If they have a warrant, cooperate and ask for your St. Paul criminal defense attorney immediately.
Search Incident to Lawful Arrest
When a police officer makes a lawful arrest, the officer may complete a thorough search of the person arrested as well as the area within the person’s immediate control, all without a warrant. The logic of this exception is for officer safety and the preservation of evidence. Of course, the scope of the search frequently becomes the fight. Arizona v. Gant, 556 U.S. 332 (2009).
Plain View
A warrant is not required to seize items that are in plain view as long as the officer has a right to be there. The only real issue here is whether the officer is legitimately and legally in the location to see the evidence. The officer can even enhance their vision so long as the means aren’t extraordinary, i.e. using a flashlight. For example, if an officer stops a person for speeding and while giving the driver a ticket, sees what appears to be cocaine in a baggy on the passenger side floorboards, they may be able to go into the vehicle to seize it without a warrant.
Stop-and-Frisk
Police are permitted to stop a person for a short period of time without a search warrant provided that they have “articulable suspicion” that a crime is being or is about to be committed. They may even include a “pat down” for weapons. While there are absolutely limitations as to the amount of time somebody can be detained and the extent of the “pat down", these are frequently used by the police as the justification for further investigation. The concern with these warrantless searches is they are open to police overreach.
Automobile Exception
This search warrant exception arose out of the belief that because cars are so mobile, evidence would disappear before the officer could get a search warrant. Also, the Court concluded that there is a lesser expectation of privacy in a car as compared to a house. A search may be justified if an officer has probable cause to believe the vehicle contains evidence of a crime. This exception authorizes a search of every part of the vehicle that could conceal the object of the search, including all containers, packages, bags, etc. in the vehicle. For instance, if the police have probable cause to believe a vehicle contains a gun that was recently used in a crime, the probable cause warrant exception can authorize the police to search the vehicle and its containers without a warrant. Remember that there are limitations here.
Inventory Search
If the police tow your car after a lawful traffic stop, they can conduct an inventory search of the vehicle without a search warrant. The search must be based upon a department policy to inventory the contents of the car once taken into custody. The logic is to avoid theft of anything in the car. Of course, if any evidence is found as a result of the inventory search, that evidence can be used against you.
Ramifications of an Illegal Search
If the police violate the Fourth Amendment by conducting a search without a search warrant and outside of one of the exceptions to the search warrant rule, any evidence obtained may not be admitted into evidence against you. It could be suppressed. Of course, there are limitations to admissibility.
Know Your Rights
If you are facing criminal charges in Ramsey County because of a search of your person or property, it is important to sit down immediately with an experienced criminal defense attorney.
Jack is the founder of Jack Rice Defense. He is a Board Certified Criminal Law Specialist, a former prosecutor and former U.S. Federal Agent. If you are facing serious criminal charges, contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.