Many people are aware that law enforcement must have a search warrant in order to search their home or business. However, there are quite a few exceptions to the warrant requirement. In this week's column we will briefly discuss these exceptions.

The Fourth Amendment to the U.S. Constitution protects against unreasonable search and seizure. It also states that probable cause must be found in order for a search warrant to be issued. This seems pretty straightforward, but things are not always that easy.

Exigent circumstances - This includes evidence that would disappear in the time it would take to get a warrant and also evidence discovered while in the hot pursuit of a fleeing felon. If a person runs into someone's house to hide, the officers can enter the house to look for him or her. Any evidence discovered while looking for the fleeing felon is admissible if it was in plain view.

Search incident to arrest - After a lawful arrest for the purpose of protecting the officer and the need to preserve evidence, a search can be made of an individual at the time and place of the arrest. This includes the body, clothing, and any containers on the person.

Consent - If asked by a law enforcement officer, you can agree to a search, but you have the right to refuse. Consent must be voluntary and intelligent. This means that no one forced you into agreeing.

Automobile - In order for an officer to lawfully search an automobile there must be probable cause that some sort of contraband or evidence of a crime will be found.

Plain view - There are three requirements for seizure of an item in plain view: 1) The officer must have lawful access to the place where the item is seen; 2) The officer must have lawful access to the item that is seen; and 3) the criminality of the item must be immediately obvious.

Inventory - These searches are performed when people are arrested and booked into jail and also when vehicles are impounded.

Special needs - A few of these circumstances include random drug testing of public school children participating in extra-curricular activities and searching the “effects” of students in order to investigate violations of school rules. This includes purses, back packs, etc. Warrantless searches of the homes of people on probation and the search of government employees’ desks and files in order to investigate work related misconduct is also permitted.

Terry “Stop and Frisk” - A Terry stop is a brief detention for purposes of investigating suspicious conduct. At the time of this stop, a person may be frisked because of the concern for officer safety. This would include a pat down of the body and outer clothing to check for weapons. If the officer feels something that he or she knows by feel is contraband, it can be seized.

Sometimes the exceptions to the search warrant requirement can be confusing, so seeking clarification is always a good idea.