Unfortunately, the answer is, it depends. Generally speaking, police officers are required to obtain a warrant from a neutral magistrate before conducting a search or seizure. Evidence obtained in violation of this general rule is excluded at trial by a motion to suppress. There are, of course, exceptions that you should be aware of to avoid unnecessary risk. This blog provides a brief explanation of the warrant requirement, looks at the exceptions, and most importantly, illustrates the importance of good trial counsel. The Fourth Amendment of the Constitution protects against “unreasonable searches and seizures” by prohibiting “as a general rule, searches ... Read More