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When is A Warrant Needed?

One of the protections for Americans is that certain circumstances require that law enforcement professionals have an arrest warrant or search warrant before they are able to search your home or other property. While warrants are not always required before a search, it’s important that you fully understand your rights under the law and can legitimately know when a warrant is required so your rights are not violated. Here’s a quick primer on when warrants are needed before a search.

What is a Warrant?

There are certain rights that are guaranteed by the Constitution of the United States, and the Fourth Amendment protects all Americans against unreasonable searches and seizures. This is the key legislation that makes a warrant a required piece of paperwork when you’re in a situation with law enforcement personnel. Police officers must have probable cause before they’re able to perform a search or seizure on personal property, or the reasonable belief that a crime has occurred or is in the process of occurring. A warrant is issued by a judge, with the police officer needing to present evidence that there is a need for a search or seizure of property before the judge will sign and approve the warrant. This warrant is required to be specific about the property that is to be searched, and anything outside what is specifically noted is safe from search.

When Warrants Are Not Required

While warrants are required for a search in most cases, there are some situations that allow law enforcement professionals to bypass this legal requirement and search your home, your car, yourself or other properties. Warrants are not required when:

  • Illegal or questionable items are visible inside your vehicle, coming out of a pocket on your clothing or on your property.
  • If an individual has been placed under arrest, they forfeit the right to require a warrant before a search. Law enforcement personnel are well within their rights to search you and your immediate surroundings for additional illegal or illicit items.
  • When police officers have an immediate concern about their personal safety or the safety of individuals around them, they are legally able to perform a search without a warrant.
  • Finally, if you give your permission to a search, you are not able to pull that permission back and then require a warrant. You have effectively waived the requirement for police officers to obtain a warrant before searching you or your property.

Protecting yourself and your loved ones starts with knowing your rights, such as when a warrant is required when searching your home or property. At Free at Last Bail Bonds, we understand the importance and urgency of reuniting families — and our compassionate and professional team is here for your 24 hours a day at 470-410-3409. If your loved one is arrested, don’t hesitate to make that call to help bring your them home as quickly as possible.

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