What are the various warrantless search methods that have been approved by the Supreme Court as legal?

Answer 1

1. Plain view - If a law enforcement officer is legally present and sees something that is evidence or contraband, it may be seized.

2. Consent - If a person freely consents to a search, anything found during the search is admissible as evidence.

3. Incident to arrest - After an arrest, the area within the arrestee's physical control (or span of control) may be searched.

4. Impounded vehicles/inventory search - If an arrestee is to be incarcerated and the police agency has established procedures for searching impounded vehicles, the vehicle may be searched without a warrant.

5. Caretaker Function - An officer may find valuable, lost, or dangerous items in an unsecure place subject to theft or damage and take those items into custody to protect the property and the public.

6. Exigent circumstances - If the officer has sufficient knowledge to establish that a person will be harmed, a suspect will escape, or evidence will be destroyed, they may search without a warrant.

7. Motor Vehicle Exception - If police have probable cause to believe a vehicle contains contraband, controlled substances, or criminal evidence, they can search without a warrant. The scope of the search is limited to those areas where we have probable cause to believe the item may be located.