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Criminal Law

Rules on Search and Seizure

Can the police ever search a home without a warrant?

Yes, if you agree to a search. Also, the police are permitted to search your home without a warrant if there are sufficiently exigent circumstances. These include an emergency situation where

  • the police have reason to believe someone's life is in danger,
  • a suspect is about to escape, or
  • someone might destroy the evidence (flush illegal drugs down the toilet, for example)

In cases such as these when there is no time to get a warrant from the court, the police can search your home without permission.

>>Do the police have the right to tap a telephone?
>>Do wiretaps have to be approved in advance?
>>May the police search you without a warrant?
>>Do the police have the right to stop and frisk you?
>>Can the police seize what they find in a frisk?
>>Does the law permit the police to search a home or items in it?
>>Can the police ever search a home without a warrant?
>>What happens if a search is not valid?


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