What is a probable cause search?
In some circumstances, police may conduct a search without a warrant if they have two things. First, they must have probable cause to believe evidence of a crime may be found. This is the same standard that must be met to get a warrant. Second, there must be some exigent circumstance (one that makes getting a warrant impracticable or impossible). Although the list is certainly not exclusive, here are some common examples of these searches: a. An officer sees or smells contraband in a car during a traffic stop. b. An officer responds to an emergency inside a home and sees contraband. c. A drug dog “alerts” on a car during a traffic stop. d. An officer is chasing a suspected dangerous felon (in hot pursuit) who runs into a house. e. An officer sees drugs on a kitchen table thru the window. The residents see the officer, grab the drugs, and run to the back. How might a lawyer help me? A lawyer can review your case to see if the officer had both probable cause and an exigent circumstance.
