Warrants and Warrantless Searches

In any case without probable cause, an office or any law enforcement officer needs a warrant to search a car, house, business, etc. A Warrant is a specific type of authorization by a judge to have permission to search someone’s property, and a warrantless search is something that goes on without a warrant or the judges consent.

If you were involved in a warrantless search and something happened  where you may be facing criminal charges, you should contact your Bucks County criminal lawyer to get things straightened out with the officers and the judge and/or to fight the case.

A case explaining a warrantless search is Commonwealth v Bowmaster.  Two police officers executed a search of Mr. Bowmaster’s house and shed without a proper warrant, thus making this a “warrantless search”. The two officers received a tip that an unregistered stolen firearm was in Mr. Bowmaster shed, and was observed by a burglary victim’s son. The officers thus believed that a stolen firearm was in the shed, and conducted a search of the house and shed. In the case, the Commonwealth presented no evidence to support the officers’ theory that the search of the property could not wait until the morning, or until a search warrant could be obtained.  Even if the officer had some probable cause to search because of the tip, there are no burning circumstances that existed to justify a warrantless search. Thus making the evidence suppressed and the case having no grounds to move forward.  The case cite is Commonwealth v. Bowmaster 101 A.3d 789 (Pa. Super 2014)