Category: Warrantless

A warrantless search is presumed unreasonable. It may be reasonable and lawful though if one or more recognized exceptions apply. The prosecution has the burden of proving a recognized exception if the warrantless search is contested. One important exception is consent. People on probation often, as a condition of being on probation, sign a form consenting

In criminal cases in the United States, warrantless searches generally require some established exception to the warrant requirement in order to be considered reasonable. Consent is one exception. In Tennessee, a person granted parole is required to consent to being subject to warrantless searches as one of the conditions of being on parole. Both the