If law enforcement
officer suspects criminal activity or contraband at a particular location and
can prove "probable cause," a judge can issue a search warrant. A search warrant
is a court order that allows the police to search a specified location for
specific objects for a duration of time.
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Unreasonable Search
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The fourth amendment to the Constitution protects citizens from unreasonable searches and seizures by law enforcement. The amendment requires search and arrest warrants be sanctioned by a judge and supported by probable cause.
Exceptions
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Officers can search homes without warrants if the homeowner/renter willingly consents without coercion or deception.
An officer rightfully on someone's property can legally search if he is in view of contraband or visible evidence of a crime.
Officers already arresting someone in their home can search to prevent the destruction of evidence or for weapons or accomplices.
Officers can search in time-restricted situations where the process of obtaining a valid warrant could compromise public welfare or potential evidence. -
Rights
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The owner/renter of the property has the right to read the warrant or to have it read to them. They also have a right to request an explanation as to the reason for the search.
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