Cavity Search With No Search Warrant?

Is it possible to for police to search for evidence without a warrant?

In general, police must get a search warrant signed by a judge before any searches of private or personal property can take place. However, there are special circumstances in which police can conduct a search without a warrant. The Supreme Court of the United States has permitted these types of searches to occur in one of several situations.

Situations

1. Emergency situations: This is a situation in which an emergency exists and someone s life or health is in danger. Police may enter a building or other structure (including a motor vehicle) without an official warrant. Any evidence that is found at the scene under this circumstance may be used. However, law enforcement officials cannot make an emergency entrance, leave, and come back at a later date to search for evidence. This second entry requires a warrant.

A good example of a case in which police came back during a second visit to initiate a search after having found evidence during their first visit is when police arrived at the home of wrestling superstar, Lex Luger, in response to the death of his girlfriend, Elizabeth Miss Elizabeth Hulette. Upon arrival, police had found Miss Elizabeth s lifeless body as well as steroids and barbiturates in the Georgia residence in May, 2003. Police got a search warrant later that day to search the entire residence and arrested Lex Luger on charges of felony possession of a controlled substance.

2. Impending loss of evidence: This situation applies where a suspect of some other outside influence such as a fire threatens to destroy evidence.

3. Lawful arrest: Whenever somebody has been arrested lawfully, the suspect and any property in his immediate possession, such as a house or car, may be searched for evidence.

4. Consented search: A warrant is not required when the persons who are subjected to a search of their body or property have given police their consent.

Keep in mind that searches can take place with or without an officially signed warrant from a judge.