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When A Police Officer's Search or Seizure Is Legal Even Though Even Thought There Is No Search Warrant
As a general rule, a police officer can legally conduct a warrantless search or seizure under one or more of the following circumstances:
The search was conducted after a person was lawfully arrested.
An automobile was searched, and the officer had probable cause to believe that the vehicle contained contraband.
The person voluntarily consented to the search.
The item seized was in plain view of the officer, and its illegal nature is immediately apparent.
The search was conducted at the United States border.
The person or property searched belonged to a student at a public school, and the search was performed by a school official.
Consenting To A Search & Withdrawing Consent
A police officer may ask to come into your home or ask if you would open the trunk to your car. By letting the officer into your home or by opening the trunk of your car, you have consented to a search. The officer does not have to tell you of your right to refuse. If you have let the officer see into your private things, you may withdraw your consent by asking the officer to leave, provided that the officer hasn't found anything illegal.
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Copyright 1992, 1996: Richard Glenn Boire. From Marijuana Law. This page may be downloaded and copied for personal use only. Any other use requires written permission from Ronin Publishing, Box 522, Berkeley, CA 94701. Ph. 510/420-3669, Fax: 510/420-3672, Email: firstname.lastname@example.org.