The Fourth Amendment to the U.S. Constitution forbids most police searches without a warrant. But there are many exceptions. In this video, South Carolina criminal defense lawyer Rob Usry reveals what you really need to know about the highly complex field of warrantless search law- and how it can really help your case.
Transcript
Here’s a question we get quite a bit. “Don't police need a warrant to search?” The answer is not always but if police do search without a warrant they've got to have a good reason to do it. The Fourth Amendment to the United States Constitution forbids most warrantless searches but there are exceptions. Here’s what you need to know about warrantless search law.
Number one, it's important, police can't use evidence they get in a warrantless search if the search is unconstitutional. If you can prove a search is unconstitutional the evidence gets thrown out of your case which could get it dismissed or at least a deal you can live with. Number two, the law is very complex. You can see a list of the exceptions on our website. But there are exceptions to those exceptions which can make a warrantless search unconstitutional. If you have been arrested as a result of a search you need a criminal defense attorney with experience in these cases to analyze that search with a trained eye and that's especially true with a warrantless search. If you can convince a judge or prosecutor that search is unconstitutional your case can turn out a whole lot better than you expect. And let's face it you're an amateur at sifting through all the facts and the fine points of the law you're going to need on your side to prove that search is unconstitutional.
It's time to invest in a professional who can help you achieve the best possible outcome in your case. If you're worried about a search that led to your arrest call us for a free strategy session so we can start devising the defense to protect you from it. I thank you for thinking about this with me and I hope I see you soon.
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