question.jpgIn Criminal Law

What are exceptions to the warrant requirement?

There are a lot of instances in which a warrant is not always required either to search or arrest. Most of these fall under “exigent circumstances,” i.e., a situation where people are in imminent danger, evidence faces imminent destruction, or a suspect will escape. Moreover, warrantless arrests can be made if it is needed to prevent a suspect’s escape; however, a warrantless arrest is not allowed if there is no fear that the suspect will flee. Likewise, police can conduct a warrantless search or arrest if the situation poses a risk of harm to the officers or others. Two other exceptions to the warrant requirement are discussed in more detail in the entries on the left.