In general, the Fourth Amendment requires that the police have a warrant before they conduct a search. Any warrantless search with no warrant would be considered unreasonable under the Constitution. However, under circumstances, these searches can be carried out with no warning. Once that circumstance is the consent, if the person under investigation or the subject to the search says, “Okay. You can go ahead and search,” then that gets them around the requirement to have a warrant. There are other certain circumstances that can apply that would create a situation where they could search with no warrant, but those are typically much more rare, and we don’t see them as often, so as a general rule, no warrant, no search.

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Albritton Law Firm | 23 Harrison Avenue | Panama City, FL 32401 | Phone: | (850)215-0200