Warrantless Searches

There are several recognized exceptions to the warrant requirement:

• Consent searches — If you freely and voluntarily agree to the search
• Plain view searches — No warrant is needed to seize evidence in plain view
• Incident to arrest — After an arrest, the police have the right to protect themselves by searching for weapons and to search for evidence that the suspect might destroy
• Emergency searches — Situations where the time it would take to get a warrant would jeopardize public safety or result in the loss of critical evidence
• Collection of DNA — If you are arrested, a DNA sample may be taken based on the United States Supreme Court case of Maryland v. King

There is a relatively bright line concerning the protection of your digital cell phone content: the police need a warrant to go through your cell phone. The United States Supreme Court has stated that the search of cell phones goes beyond the brief physical search necessary for officer safety. This is because, when it comes to private information, most cell phones will reveal more about a person than the most exhaustive search of that person's house.