Exceptions to the Warrant Rule
A search warrant is generally required. Illinois v. Gates, 462 U.S. AT 236; State v. Valencia, 93 N.J. 126, 133 (1983). Indeed, a warrantless search is presumed to be invalid. Mincey v. Arizona, 437 U.S. 385, 390 (1978); State v. Valencia, 93 N.J. at 133. However several important exceptions exist which allow the police to search a particular place without warrant. The burden is on the prosecution, seeking to validate a warrantless search, to bring it within one of these recognized exceptions. Schneckloth v. Bustamonte, 412 U.S. 218, 219 (1973); State v. Alston, 88 N.J. at 230.
If you or your family has had a search of your personal property, vehicle or person, without a search warrant being served, speak with criminal defense lawyers who are experienced in challenging search warrants and searches without warrants in NJ. The lawyers at Aiello Harris have the experience and knowledge to protect your rights and defend you against criminal charges. For a free initial consultation, call us today at (908) 561-5577 or contact us online. Your initial consultation is free.