The Fourth Amendment protects against unreasonable searches and seizures. Police usually need a warrant, but there are many exceptions.
What a warrant requires
- Probable cause supported by sworn information.
- A judge's signature.
- A description of the place to be searched and items sought.
Exceptions that allow a search without a warrant
- Your consent.
- Evidence in plain view.
- Searches during a lawful arrest.
- Emergencies where delay would risk safety or evidence.
- Vehicle searches with probable cause.
If police come to your door
- Stay calm and do not physically resist.
- Ask to see the warrant and read the address and scope.
- State clearly that you do not consent to searches beyond the warrant.
- Do not answer questions about the case without a lawyer.
- Observe and write down what officers do and who was there.
After a search
If the search was unlawful, a defense lawyer can ask the court to suppress the evidence. Do not argue the legality at the scene. Challenge it later through the courts. See our guide to your rights during a police stop.
Frequently asked questions
Can police search my phone?
Generally they need a warrant to search the contents of a phone, with limited exceptions.
Can I refuse consent?
Yes. Saying so clearly preserves your ability to challenge the search.