Savannah GA criminal lawyers – search and seizure
Handling law on search and seizure in Richmond Hill Georgia
Savannah Georgia Criminal Defense Attorney
Under certain situations, law enforcement can conduct a search without first obtaining a search warrant. Common exceptions to the warrant requirement include:
Consent. police can conduct a search in the absence of a search warrant if they obtain consent. Consent must be freely and voluntarily given by an individual with a reasonable expectation of privacy in the area or property to be searched.
Plain View. An officer may seize evidence without a warrant when that officer is on the property legally and the evidence is found in plain view.
Search incident to arrest. While making a lawful arrest, an officer may search an individuals person and their immediate surroundings for weapons or other items that can harm the officer. When an individual is arrested in or near a vehicle, the officer can search the passenger compartment of that vehicle.
Exigent Circumstances. police do not need to obtain a search warrant if they reasonably believe that evidence may be destroyed or others will be placed in danger in the time it will take to obtain the warrant.
Automobile Exception. An officer may search a vehicle if they have a reasonable belief that contraband is contained inside the vehicle.
Hot Pursuit. law enforcement may enter a private dwelling if they are in hot pursuit of a fleeing criminal. Once inside a dwelling, police may search the entire area without first obtaining a search warrant.
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