In what circumstances can a search be conducted without a search warrant?

Answer 1

Under what is called "exigent circumstances" such as officer safety. An example would be if the police chased someone into a house and arrested him in the living room. They could search the living room (but not the kitchen) for weapons.

Answer 2

There are a select few instances where a Police Officer may legally search and seize without the need for a warrant.

The first one is called the "Plain Sight rule". This effectively states that when a Police Officer can see an object that is knowingly illegal in plain view, he may legally search and seize the object and place the object was found without the need of a warrant.

An example of this would be: You're pulled over at 3 a.m for speeding. Upon the Police Officers arrival at your window he notices a marijuana roach sitting in the ash tray. Since the Marijuana is illegal and was in plain view of the officers eye sight, he's now legally able to search the vehicle and you and seize any items that can be used in court to aid the prosecutions charges against you.

The second reason a Police Officer may be able to search and seize without a warrant is because of a strong basis of fact that evidence may be destroyed by waiting for a warrant.

An example of this would be: The Police have been doing a stake out at 933 Makeup Lane for 2 days. They've noticed large quantities of drugs being brought in and out of the house. While they're waiting for the judge to sign a search warrant they notice the occupants carrying in large cans of gasoline and other combustible fluids. In fear that the occupants may be trying to destroy evidence contained inside the house the police may enter and effectively search and seize to prevent evidence destruction.

Another reason they may be able to search and seize without a warrant is during a stop and frisk, also known as a Terry Stop. This is to protect their saftey and have very strict limitations because it's effectively a detainment.

An example of this is: The Police witness you stumbling around and yelling at passing citizens. Having reasonable suspicion that you're intoxicated the police pull you over and stop you. The officer instructs you to place your hands on the car and begins to pat you down. Upon feeling around your waistband the police officer feels a metal object similar to a gun. He now has grounds to fully search and seize your firearm.

Lastly and one of the most common ways a police officer can perform a lawful search and/or seizure is that they were given consent to do so. Once you give up your right you've given the Police the right to search and seize anything that may be illegal (stolen property, contraband, suspected drug money, etc).

Answer 3

When in "fresh pursuit" or under 'exigent' (i.e.- 'pressing' - emergency - dangerous - etc) circumstances.