What constitutes a legal search of a residence with no warrant?

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What constitutes a legal search of a residence with no warrant?

Recently, my boyfriend was at my residence. He was absconded from probation. I guess someone told them he was at my house but he is not a resident there. I was not at home, however the county

officers kicked my door in. He came outside and surrendered, but they searched my home and confiscated firearms and paraphernalia. They did not have a search warrant. Can the things they took be held against him? Is this a legal search?

Asked on July 21, 2017 under Criminal Law, Arkansas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The search of your home was a search incident to the arrest of your boyfriend.  A search incident to an arrest does not require a search warrant. The items that were taken can be used as evidence against him. The purpose of a search incident to an arrest is to protect the safety of the  police and the public.


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