Warrantless Searches in Virginia

WARRANTLESS SEARCHES IN VIRGINIA

I. IMMEDIATE ACTION BY THE OFFICER REQUIRES AN EXCEPTION TO REQUIRING A WARRANT

A. SEARCH OF A PERSON ASSOCIATED WITH AN ARREST

B. SEARCH OF THE AREA CONTROLLED BY THE ARRESTEE

C. POLICE IN HOT PURSUIT OF PERSON TO BE ARRESTED

D. INDIVIDUAL TEMPORARILY DETAINED

E. EXIGENT CIRCUMSTANCES

F. KEEPING THE STATUS QUO FROZEN

G. SEARCH OF AREA IN PLAIN VIEW

H. AFTER ARREST OF PERSON, SEARCH OF VEHICLE

I. EXIGENT CIRCUMSTANCES REQUIRE SEARCH OF VEHICLE

II. EXCEPTIONS BASED ON REASONABLENESS

A. DEFENDANT CONSENTS TO SEARCH

B. A THIRD PARTY INDIVIDUAL CONSENTS TO SEARCH

C. OPEN VIEW

D. SEARCHES AT AIRPORTS

E. SEARCHES AT BORDERS

F. INVENTORY SEARCH OF VEHICLE

G. INMATE SEARCHES

H. PROBATIONER SEARCHES