The Fourth Amendment to the Constitution protects individuals from unreasonable searches and seizures by law enforcement agencies.
Usually a search warrant is necessary for an officer to search a person or place. However, the general requirement of a search warrant stands waived in case of the following searches and seizures:-
Search in emergency situations
Search after a hot pursuit
Search for weapons, arms and ammunitions
Search consented to by the suspect
Search upon lawful arrest
Search of materials in plain view
Search of automobiles
When an officer prays for a search warrant from a judge or a magistrate, he must establish probable cause under oath or affirmation that evidence of a crime will be found at the place of search. Probable cause is belief beyond mere suspicion but short of certainty.
If later on the search warrant is found to be wanting in probable cause or the statements made under oath or affirmation with the request for search are intentionally misleading, then the evidence seized pursuant to the warrant is liable to be excluded at the trial.
When search is carried out at places beyond the scope of the warrant, any evidence seized by such encroachment may not be admissible in evidence.
However, there can be a departure from this general rule of exclusion of evidence known as good faith exception. Evidence obtained in breach of the constitutional rights of the individual may still be admissible in evidence if the concerned officer seized it in good faith acting in a reasonable manner.
When evidence illegally seized but not falling within the aforesaid rule of exception is erroneously admitted in evidence by the trial judge, any conviction is liable to be set aside in appeal unless the prosecution can demonstrate that such evidence did not contribute to the conviction.
