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It depends upon the Act's aplicability under which one have been booked. E.g under Information Technology Act 2008, Inspector can search and arrest without warrant any person found therein who is reasonably suspected of having committed or of committing or of being about to commit any offence under this Act

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15y ago
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10y ago

There are only a few reasons in which a Police Officer can search you without consent. The most common is incident to arrest (a search before taking you to jail and after being informed you're under arrest).

The second is when there is a reasonable likely ness that not securing evidence may result in it being destroyed (an officer investigating drug sales sees a subject hand off a bag of cocaine and proceed back in doors after spotting the cop).

The third is known as the plain view rule (doctrine). If an officer can see, smell, or hear something that is illegal in view of area of the public, he has grounds to search. (An officer pulls over a car because smoke is coming out of it that smells like marijuana (smell)), (An officer pulls you over for impeding traffic and sees a marijuana roach in the ash tray (see)), and lastely, (An officer pulls you over and hears screaming, kicking, and cries coming from your trunk (hear)).

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Q: Can police search without consent
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Related questions

Can police search your vehicle without consent if you are under 18?

If the police have "probable cause"., meaning that they may believe there is something illegal, they can.


Under what conditions can the police search your home?

With a Warrant, consent, or exigent circumstances


What if you never signed a consent to search and the police signed your name?

You would get a lawyer.


Can the police use the threat of shooting your dogs to get consent to search your home?

I'm not sure I understand the question. The police are prohibited from making warrantless, non consenual searches. If you consent to let the police search your home, why would they want to shoot your dogs? Why wouldn't you restrain your dogs if you were allowing the police to search? If the police have a warrant to search the premises, they are absolutely authorized to destroy the dogs during the execution of the warrant, if necessary.


Can a minor give police officer the right to search their residence with a warrant?

There is no consent needed from anybody when there is a valid search warrant in play. The court gives the police the right to search by granting the search warrant.


What is the youngest age a teenager in Kansas can leave home without parental consent and without police involvement?

18 you cannot be a minor and move out without parental consent or any repurcussions from police if they are brought into the picture...


Can cops search your house without a warrant?

Under most circumstances, no. The police usually need a warrant to search your house, car, property, etc. However, there are some cases in which the rule can be bent. If you are being arrested, the police may search you and your property for weapons or other accomplices for their own safety. If the police already have permission to be on your property, and they see some form of evidence that is clearly visible, they have the right to lawfully seize it. If the person who is in control of the property gives consent to the police, they may search it.


What would be required of police to search a home suspected of containing marijuana?

Your consent, or a warrant.


Can police search your car when I'm not there?

I'll assume you meant to ask "Can the police search mycar when I'm not there?"The only situation where the police would require your presence is if the justification for the search was your consent. Otherwise, the search could be based on the car appearing to be abandoned, unlawfully parked (which would permit it to be towed and inventoried), used in a crime, based on probable cause, incidental to an arrest, or other other circumstances. Even a consent search would be lawful if you or someone else having control of the vehicle had given their consent for a search with you not present.


What is police slang for someone who takes a car without consent?

twoccer


Can someone search my bag without cause that isn't a policeman?

An individual person cannot search your things without your consent. The only exception is if you implicitly consent. For example, if you go to a concert, you consent to obey the rules of the facility, which may include consenting to a brief search at the door.


Can police search your vehicle for identification without asking for or receiving consent prior to a formal arrest?

If they have a warrant, they don't need to ask. It also depends on why and where they searched the car, but generally, no.