Generally the answer is no search without a valid warrant - but there are a myriad of exceptions. You need to consult with your attorney and explain all of the circumstances.
Most likely no, but there are exceptions to the warrant requirment. You'll need to sit down with an attorney and go over everything to really get an accurate answer.
The 4th Amendment and Article I, Section 8 of the PA Constitution prohibit warrantless searches of an individual's home. However, as our colleagues from NY have stated, there are a number of exceptions to the warrant requirement. Say nothing more in public and do NOT discuss this with anyone else. Speak privately and confidentially with an experienced criminal defense attorney to review all of the facts in your situation and to prepare, if necessary, for a subsequent arrest. If arrested REMAIN SILENT and do not speak with police until after consulting with an experienced criminal law attorney. Good luck.
It could mean that any evidence seized is subject to suppression. Promptly meet with a criminal defense attorney to explore everything that is going on
All warrantless searches are "presumptively illegal." This means if police do not have a warrant the burden of proof is on the state to establish that the search is justified by an exception to the warrant requirement. If the state cannot meet this burden, the search is illegal and anything found in the search is inadmissible in court.
There are many exceptions to the warrant requirement. Perhaps the most common is consent. If police request and get consent from an occupant of the home (even if this person isn't the owner and often even if they don't have a legal right to be there), then the search is legal. Police cannot tell or indicate to the occupant that they have consent to the search, but in most states they don't have to inform them of their right to refuse either.
Another common exception to the warrant requirement is emergency. If police reasonably believe that waiting for a warrant will result in serious injury or death or substantial property damage, they can usually enter without a warrant.
Still another exception is the "plain view doctrine." If police can, from a place where they legally have the right to be, see evidence of a crime--a marijuana plant in a window, for example--they can enter without a warrant.
There are numerous other exceptions--to numerous to delineate here.
You should also know that courts give people greater protection from warrantless searches in their homes than in their cars or other areas. I suggest you consult a good lawyer with the specifics of your case. He might be able to get the evidence found suppressed and make your charges go away. Good luck!
John M. SchaffranekCriminal Defense AttorneyPittsburgh, PA ·
While there are a number of warrant exceptions, generally, there are VERY FEW exceptions to the need for a search warrant before entering a residence. Contact a lawyer.
William Ray PelgerCriminal Defense AttorneyMunhall, PA ·
Generally, the police cannot enter a home and conduct a search without a search warrant. This is a very complicated area of law. There are exceptions to warrant process, such as exigent circumstances, plain view, consent. You need to have an experienced criminal defense attorney review what the police report says versus your version of the facts.
Peter Luke JohnstonPersonal Injury LawyerPhiladelphia, PA ·
Yes, speak with an attorney and don't say too much here. Generally, no but there are exceptions to the warrant requirement. An attorney would need to analyze your case and determine whether the facts of your case fall into an exception. Plus, cases in Philadelphia are replete with instances where officers claim to be just "securing the premises" while they wait for their colleagues to get a warrant. Of course, the officers testify that they didn't search for anything until after their colleagues got the signed , sealed warrant when in reality..... Unfortunately, it's tough to prove a negative, especially when it is the accused trying to prove the negative.