When Do Police Not Need Warrants to Search?

The requirement that law enforcement agents obtain a search warrant is a basic part of the U.S. criminal justice process that protects citizens from being subjected to improper searches. Without a search warrant, police officers are rarely granted the right to look through a person’s property for evidence against them. However, there are some exceptions to this rule that may prove particularly troublesome for motorists being arrested on DWI charges.

If you have been arrested on DWI charges, it is important to consult with a criminal defense attorney about your case. For a case evaluation, contact the Houston DWI lawyers at the Law Office of Johnson, Johnson & Baer, P.C., by calling 713-222-0400 today.

Searching Without a Warrant

In many situations, an officer has the right to search or arrest an individual without needing to get a warrant from the court. This is especially true in the case of DWI arrests, as these crimes often do not allow officers the ability to quickly respond to a crime and still obtain a warrant. The following are some exceptions to the need for a warrant:

• Searching the interior of a vehicle for objects in plain view
• Finding evidence on an individual while assisting them medically
• Finding evidence after an individual indicates the presence of drugs or alcohol
• Finding evidence during the pursuit of an individual

In these situations, any physical presence of alcohol, such as bottles or flasks, or drugs can be used as evidence of intoxication. At the very least, this evidence may be used as a part of a lesser charge if the individual is not intoxicated while driving.

Contact Us

If you have been charged with an intoxicated driving crime, you may be facing severe penalties that can carry heavy fines or possibly time in jail. For a committed legal representative who will vigorously protect your best interests, contact the Houston DWI attorneys of the Law Office of Johnson, Johnson & Baer, P.C., at 713-222-0400 today.