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Whether the police can search a home without a warrant seems obvious and seemingly calls for an obvious answer. No they can't.....right? Well, maybe think again. The Fourth Amendment to the United States Constitution protects all Americans against unreasonable searches and seizures. And although warrantless searches are presumptively unreasonable, there are certain exceptions carved out that allow police to search a home, or aspects of it, without a warrant. The 3 exceptions to the warrant requirement to search a home are: (1) Protective Sweeps; (2) Consent; and (3) Exigent circumstances, including "Hot Pursuit" of a fleeing suspect. These 3 exceptions along with the Fourth and Fifth Amendments are discussed in this video and below.

(1) CONSENT PROVIDED
First, police can search a home without a warrant if a person with authority (actual or apparent) grants consent. It is clear what actual authority means. The person does in fact have authority to grant consent. A person with apparent authority is someone who reasonably appears to police to have authority to grant consent. This is true whether the person actually has authority or not. If police rely on someone with apparent authority, the search will likely be upheld even if the person does not have actual authority.

Nobody has to grant police consent. There is no benefit to it and anything they find will be seized and used as evidence of guilt. The United States and Arizona provide significant protections against unreasonable searches and self-incrimination. People should always rely on their rights when dealing with police.

(2) PROTECTIVE SWEEP
A second way police may search a home without a warrant is while conducting a "protective sweep." This is conducted when law enforcement is summonsed to a location for a dispute or if the location is a crime scene. A protective sweep is conducted for officer safety purposes. However, police can enter every room of a house and look into closets, bathtubs, under the bed, etc. Specifically, police may search any place a human is hiding during a protective sweep.

During this protective sweep, police can seize/collect any illegal contraband in Plain View. An item in Plain View means just that. Anything on the floor, on a table, on a bed, on an end-table is in Plain View. It is important to note that for an item to be in Plain View, nothing should have been manipulated to see it. Indeed, as long as the police do not have to move something or open something to see the item, it is in Plain View.

An item seized in Plain View will serve as the basis for a crime. But it will also provide probable cause for Police to put in an affidavit and obtain a search warrant.

(3) EXIGENT CIRCUMSTANCES & HOT PURSUIT
The third way police may search a home without a warrant is if Exigent Circumstances exist. An Exigent Circumstance is present if police have reason to believe evidence will be destroyed or a person is in danger. This also includes "Hot Pursuit" of a fleeing person. Indeed, police may follow a fleeing person into a home while in "hot pursuit" if giving chase. Exigent circumstances also includes a crime in process, such as a domestic violence offense, or if there are suspicious circumstances.

It is important to note that even a home warrant requirement has exceptions carved out. These exceptions are necessary due to the law concerning consent and exigency. It is always important to consult with and retain competent and experienced legal counsel.

In this video, Tempe Arizona's Best DUI and Criminal Defense Attorney Jeremy L. Huss from Huss Law, PLLC discusses Can the Police Search a Home Without a Warrant.