← Legal Glossary
Warrantless search
Definition
A search or seizure conducted by law enforcement without a warrant. Warrantless searches are presumptively unreasonable under the Fourth Amendment unless they fall within a recognized exception, such as consent, exigent circumstances, or searches incident to lawful arrest. The government bears the burden of proving that a warrantless search fits within an exception.
Examples
- •The Fourth Circuit upheld warrantless or insufficiently justified access to Chatrie's digital communications