Is a Warrantless Search a 4th Amendment Violation?

Arrests for felony offenses in Colorado often result from searches. In other words, law enforcement officers will frequently make an arrest after searching a person or their property and finding a controlled substance, stolen goods, or a weapon. Generally speaking, law enforcement officials are supposed to have a valid warrant signed by a judge in order to conduct a search under the Fourth Amendment of the US Constitution since the Fourth Amendment protects against unreasonable searches and seizures. However, Fourth Amendment case law has clarified that there are certain situations in which a warrantless search is lawful and does not violate a person’s constitutional rights.

When is a warrantless search allowed to happen, and when is it actually a violation of your Fourth Amendment rights? Our Denver felony criminal defense lawyers can explain your rights in more detail, and we can discuss the specifics of your case with you today.

When Law Enforcement Officials Have Probable Cause to Search Your Vehicle 

In order to stop a motor vehicle, police or other law enforcement officials must have “reasonable suspicion.” In order to search a vehicle (unless you give consent, which we will explain below), law enforcement officials must have “probable cause.” Without probable cause, a warrantless search of a vehicle — when none of the other exceptions below apply — may constitute a violation of your Fourth Amendment rights.

Search Incident to Arrest

Law enforcement officials are lawfully permitted to conduct a “search incident to arrest.” What that means is that, if you are lawfully arrested, a search can also occur lawfully in connection with your arrest.

Contraband is in Plain View

If contraband, meaning anything that you are unlawfully possessing, is in plain view for a law enforcement official (such as on the seat of your car during a traffic stop or on an entryway table when you open the door to the police), then a warrantless search and seizure can occur without a Fourth Amendment violation.

Exigent Circumstances Exist

When there are exigent circumstances — a term that can apply in a wide range of situations — it may be possible for the police or other law enforcement officials to conduct a warrantless search without violating your Fourth Amendment rights.

When You Give Consent 

Anytime the police or other law enforcement officials ask to conduct a search — of your person, your vehicle, your home, or other property — you do not have to give consent. As soon as you give consent, they can conduct a lawful, warrantless search.

Contact a Denver Felony Criminal Defense Lawyer Today for Help 

If you are facing any type of felony charges in the Denver area and believe that the case against you may be based on a Fourth Amendment violation, it is critical to seek legal help quickly. If your constitutional rights were violated, it may be possible to have the charges against you dropped depending on the circumstances, or we may be able to work with the prosecutor to reach a plea agreement to a misdemeanor that will not result in any jail time. Contact an experienced Denver felony attorney at DeChant Law today to discuss the details of your case and to get to work on your defense strategy.

Source:

constitution.congress.gov/constitution/amendment-4/