CAN THE POLICE SEARCH YOUR APARTMENT WITHOUY SERVING A WARRANT
Question Details:
Yes, but anything they find can not be used against you in court. Feel free to contact me I can help.
Greg S. Kessler
231 South Bemiston Clayton, MO
gsk47@aol.com 314 725-8000
I am a Missouri licensed attorney. The answer is: it depends. Did you, or another person with authority to do so, give officers permission to search? Were there exigent circumstances? Was contraband in plain view? I need more information. Feel free to email me at sean@roadlawyer.net or call me at 913 441 5025.
---Sean Santoro
Santoro Law Office
Although i do not practice law in the State of Missouri, here are my initial impressions. I generally disagree with the extremely short answer provided by my colleague -- it is somewhat incorrect as well as generally misleading. The fourth amendment to the united states constitution prohibits the police from searching a residence without a warrant based upon probable cause. That being said, the warrant requirement is subject to several exceptions. Determining whether an exception applies in any given situation is a highly fact-specific inquiry. Therefore, it would be necessary to discuss your situation in detail with a competent attorney to determine whether an exception applies in your circumstance. In any event, if the search is determined to be illegal any evidence that is found as a result of an illegal search may be subject to suppression. Moreover, an illegal search may expose the police to civil liability pursuant to 42 U.S.C. sec. 1983, and you may be able to win damages (i.e. money) as a result. Good luck.
