What constitutes a legal search of a residence with no warrant?

UPDATED: Sep 30, 2022

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What constitutes a legal search of a residence with no warrant?

Recently, my boyfriend was at my residence. He was absconded from probation. I guess someone told them he was at my house but he is not a resident there. I was not at home, however the county

officers kicked my door in. He came outside and surrendered, but they searched my home and confiscated firearms and paraphernalia. They did not have a search warrant. Can the things they took be held against him? Is this a legal search?

Asked on July 21, 2017 under Criminal Law, Arkansas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The search of your home was a search incident to the arrest of your boyfriend.  A search incident to an arrest does not require a search warrant. The items that were taken can be used as evidence against him. The purpose of a search incident to an arrest is to protect the safety of the  police and the public.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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