Pros And Cons Of A Warrantless Search

When law enforcement follows all the guidelines to obtain a search warrant they are essentially putting the burden of proof on the defense and limiting their chances of illegal search and seizure. Establishing probable cause, filing an affidavit, and obtaining a warrant from a judge can help insure that evidence obtained in a search will be admissible in court. Lose of evidence to a technicality or illegal search can hinder the prosecution in that case and in the future. There are several reasons a warrantless search can be justified as set forth by the United States Supreme Court. Search by consent is when a person willingly gives an officer to search their body or premises. It’s recommended that an officer still ask for a person to sign …show more content…
A search for weapons on a suspect can prevent harm to officers and suspect. Automobile or vehicular searches are important and time sensitive. As they are mobile they can leave the area before a warrant can be filed, obtained, and executed. These are performed when a vehicle is suspected to be containing contraband or a suspect could be involved in criminal activity. Plain view searches occur when an officer is on a location legally. The officer can conduct a search if responding to a domestic call and they find drugs on the table for example. They need not file an affidavit for a warrant as the contraband is in full sight. Terry stops or stop and frisk are a warrantless search officers can perform when a suspect is stopped based on reasonable suspicion. If a person is fleeing from the direction of a crime an officer may stop a person and pat down looking for …show more content…
Arizona was the next case that established the police must inform a suspect of their right to legal counsel. This established that the police must inform all persons of their rights and allow people to exercise their constitutional rights. Intelligence collection of criminal information is essential to the safety of the public. Police can use intelligence gathered to track terrorism, gangs, and criminal bosses. It may not lead to arrests but they can work off intelligence to prevent crime. The need for intelligence on possible criminal activity was put in the public eye as a result of the Federal Bombing in Oklahoma City. Local agencies can keep tabs on unusual activities to prevent crime. Undercover operations are valuable tools in intelligence gathering, validating evidence, and identifying key witnesses, identifying key suspects, and preventing crime. Informants can provide key information without the need of risking an undercover officer. Usually they already have gained the trust of their fellow criminals and have an understanding in the operations of the criminal activities. Problems can arise from the press if they expose a highly visible crime. It can put the informant at risk, undercover officers, end an investigation, and put the spot light on the departments