The law requires that the police get a search warrant before they conduct a search.  BUT, like most things in criminal law, there are many exceptions to this rule.  For example, the police do not need a warrant:

• If someone gives them consent to search.  
• If the evidence is in plain view of the police officers.
• If the property has been abandoned. 
• If the evidence is located during a search incident to arrest.
• If the police find the evidence during an inventory search.
• If the police argue that they had exigent circumstances that precluded the application for a warrant.

If the police search your car, there are additional exceptions allowed under Rhode Island and Federal law.  It is very important to remember that all of these exceptions are fact-specific (meaning every case will be different) and that there is a lot of case law that explains when the police can claim an exception.  Our attorneys have litigated every single one of these types of exceptions and have argued countless Motions to Suppress in the Rhode Island Courts.  It is important to hire an attorney who is not only knowledgeable about current 4^th amendment law, but who has the litigation skills to extract the facts from the police to successfully win a Motion to Suppress.

These cases are complicated and can result in significant jail sentences without the right attorney.  Call Manosh Payette Criminal Defense Attorneys for your free consultation.