WARRANTLESS SEARCHES

Warrantless Searches

Warrantless Searches

A trial court may set any criminal case for a pretrial hearing before it is set for trial on the merits. The presence of the attorneys and the defendant is required for such a hearing. One of the matters that may be determined at a pretrial hearing is a motion to suppress evidence.

When a police officer conducts a search or an arrest without warrant, generally the search or the arrest is considered illegal. For example, a crime was committed within the community. One week after its commission, the police received information that the person responsible for the killing is hiding in a particular city. The police immediately proceeded to the location and arrested the suspect. Another example is when the police officer receives information of the presence of drug paraphernalia and prohibited drugs within the residence of a person. The police acting on the information immediately proceeds to the location and looks for the prohibited drug and finds them. They then seized the prohibited drugs. In both these cases, the police officer who conducted the search and who made the arrest without the proper warrant made an illegal search and illegal arrest. In these cases, the person arrested must be released from confinement. On the other hand, the prohibited drug may not be used in evidence against the suspect.

The rule however is not absolute. This means that even in the absence of a lawful warrant of arrest, the arrest may still be valid and the evidence obtained may still be admissible in evidence. Also, even in the absence of a lawful search warrant, the search and seizure may still be valid and the evidence obtained may still be admissible in evidence.

One of the exceptions is what is known as the citizen's arrest. It is so called because it permits even a private individual to legally make an arrest even without a warrant of arrest. This happens when a person has probable cause to believe that another person is committing a felony in his presence or a felony has just been and the private individual or the police officer has personal knowledge that the person to be arrested has committed it. A valid warrant is no longer necessary when a crime is being committed in front of the police officer or the private individual. This serves as exception because it would not be good for law enforcement if police officers upon becoming witnesses to a crime being committed in their presence should still go to court to procure a warrant of arrest.

A defendant in a criminal case may file a pretrial motion to suppress in order to challenge the legality of the seizure of evidence that the state proposes to use against the defendant at trial. The determination of a motion to suppress in the defendant's favor may narrow the evidence that the state offers at trial and may even result in the dismissal of the case filed against the ...