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Exceptions to the Warrant Requirement

The Fourth Amendment to the U.S. Constitution provides that searches must be "reasonable." That's essentially the determination courts must make when law enforcement agents conduct a search without a warrant: Was the search reasonable? Some kinds of warrantless searches presumptively are.

Police officers do not need a warrant to make a search “incident to an arrest.” After an arrest, police officers have the right to protect themselves by searching for weapons and to protect the legal case against the suspect by searching for evidence that the suspect might try to destroy.

If police officers arrest you, they can search your pockets and the area within your immediate reach without a warrant. But what happens if the cops come across your iPhone or Android?

A traffic stop normally ends with a citation—the annoyed motorist simply drives away. But an officer will sometime prolong a traffic detention, in the process searching the driver’s vehicle.

Police officers can impound your car for a variety of reasons. If your vehicle has been impounded by the police, they probably have the authority to search it.

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Police officers may usually search the home of an owner who consents. But what if someone other than the owner offers to let the cops have a look around?

It’s possible to withdraw (“revoke”) your consent in order to stop a search. But you have to do it right and you have to do it in time.

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