Walker & Hemmens: Legal Guide for Police (10th Ed.)
Chapter 7: Search and Seizure without a Warrant
Introduction
This chapter will provide an overview of the procedures surrounding searches without a warrant. A
search with warrant may be considered the “rule.” Therefore, this chapter will address the specific
circumstances when exceptions may be made to the rule.
Key Concepts
• The procedures for searches incident to a lawful arrest.
• The procedures related to consent searches.
Key Terms
• Lawful Arrest
• Inventory Search
• Verbal Evidence
Critical Thinking Questions
1. An officer wishes to search an individual’s car. In order to affect the search the officer arrests
the individual, impounds the car, and institutes the search. Is the search legal?
Guidelines: This search will only be legal if the arrest is legal. The Courts have held that officers
2. An officer wants to search an individual’s residence. He asks the individual for consent. The
officer states, “You need to let us search your house, or we can make a lot of trouble for you.”
The individual then consents to allow the search. Is this search legal?
3. An officer stops a vehicle. While talking to the driver, the officer notices that there are certain
objects commonly used for injecting heroin sitting on the passenger seat of the car. The officer
then searches the car. Is this search legal?
Guidelines: Most likely. The officer could reasonably believe that the offender could destroy
Discussion Points
• Why are searches allowed incident to a lawful arrest?