Understanding Search Warrants: Explore Lawful Exceptions Today
When is a warrant necessary to conduct a search? Hi, my name is Carl Birkhead. I’m a Tulsa criminal attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now, and I want to help you make law easy by just talking a bit about when a cop needs a warrant to be able to search through your stuff. The answer is not always.
There are certain situations where police can search or seize property without a warrant. For example, you’re pulled over, and the officer brings out a K-9 unit. If the dog alerts to something — say, your trunk or passenger side — that gives the officer probable cause. If drugs are found, they didn’t need a warrant because the dog’s alert gave them the legal green light.
Exceptions to the Warrant Requirement
Another situation: officers respond to a domestic violence call. You answer the door and appear fine, but they hear someone screaming inside: “I’m bleeding! Why would you do that to me?” At that point, they don’t need a warrant. They must act. They can enter your home to provide aid and investigate the scene.
Now let’s go one step further — this is where the plain view doctrine kicks in. If they enter to help a victim and spot a bloody knife on the kitchen counter or drugs sitting on the coffee table, they can seize those items without a warrant. Why? Because the items were in plain sight and tied to illegal activity or another crime.
Your Rights and Legal Assistance
Understanding when police do or do not need a warrant is critical. If you believe your property was searched or seized improperly, give us a call. Let’s make sure your rights are protected every step of the way.
My name is Carl Birkhead. I’m a Tulsa felony attorney with Wirth Law Office, and I want to help you make law easy.
Low-Cost Initial Strategy Session
Don’t let questions about search warrants and your rights go unanswered. Call us today at 918-879-1681 for a low-cost initial strategy session, and let’s discuss how we can protect your rights together.
