Evans GA criminal defense attorney – law on search and seizure
Evans GA criminal defense attorney – law on search and seizure
Dealing with law on search and seizure in Augusta GA
In few circumstances, law enforcement are permitted conduct a search without first securing a search warrant. Common exceptions to the warrant requirement include:
Consent. police can conduct a search without a search warrant if they obtain consent. Consent should be freely and voluntarily given by a person with a reasonable expectation of privacy in the area or property to be searched.
Plain View. An officer can seize evidence without a warrant if that officer is on the premises legally and the evidence is found in plain view.
Search incident to arrest. While conducting a lawful arrest, an officer can search an individuals body and their immediate surroundings for weapons or other items that may harm the officer. If an individual is arrested in or near a vehicle, the officer can search the passenger compartment of that vehicle.
Exigent Circumstances. law enforcement need not obtain a search warrant when they reasonably believe that evidence may be destroyed or others will be placed in danger during the time it will take to obtain the warrant.
Automobile Exception. An officer may search a vehicle if they have a reasonable belief that contraband is contained inside the vehicle.
Hot Pursuit. police may enter a private dwelling if they are in hot pursuit of a fleeing criminal. When inside a dwelling, police may search the entire area without first securing a search warrant.
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Augusta GA DUI Lawyer – Evans GA Criminal Defense Attorney – Richmond County GA DUI
The Augusta Legal Center of Hawk and Detchemendy – DUI and Criminal Defense Attorneys – (706) 722-3500 – www.augusta-ga-dui.com
Attorneys Vic Hawk, Melissa Detchemendy, and Reid Sanders defend DUI cases and criminal cases in Georgia.
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