Articles, Analysis,
and Commentary

Can The Police Conduct A Search Without A Warrant In Maryland?

Police need a warrant, or an exception, before they can search.

 

Transcript

The Fourth Amendment protects all citizens from unreasonable searches and seizures. The Supreme Court tells us that any search that is conducted without a warrant is, per se, unconstitutional, and therefore, illegal- unless an exception to the warrant requirement applies. Certainly, there are a variety of exceptions to the warrant requirement that the courts have created over the years. For example, if an individual consents to the search of his home or his car or his property, the police are entitled to conduct that search without a warrant. If evidence is seen in plain view, the police don't need a search warrant to take it. If there are exigent circumstances, a burning building or someone screaming, police typically don't need a warrant to further pursue and investigate those circumstances. Likewise, if police possess probable cause to believe that a car contains contraband or evidence of a crime, they don't have to separately get a warrant before searching that vehicle.

 

I hope this addressed your question. Over the course of 25 years, I've found that fully addressing a legal question is best handled in a one-on-one, in person strategy and case analysis conference. I offer these to potential clients on a complimentary basis. Please use any of the methods under the contact tab at the top of the page to arrange yours.

Eric T Kirk
Attorney

After graduating with honors from Albany Law School in New York, Eric Kirk has spent most of his 25 year legal career battling insurance companies to secure fair and just compensation for his clients in Maryland, New York, and Florida.

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