Search Decision Tree

NATIONAL

Walk the branches in order. If no exception clearly applies, the last box is the answer.

Start hereIs there a valid search warrant covering this place and these items? If yes, search within its scope.If no warrant: one of the branches below must clearly apply, on facts you can articulate.

BranchesConsent — voluntary, from someone with authority over the place/item, and within the scope given. Consent can be limited or withdrawn.Search incident to arrest — contemporaneous with a lawful custodial arrest, within the area of immediate control (and vehicle rules where they apply).Plain view — you are lawfully present, the incriminating character is immediately apparent, and you have lawful access to seize it.Automobile — probable cause to believe the vehicle contains contraband or evidence; scope follows current case law.Stop-and-frisk — a lawful stop plus reasonable suspicion the person is armed and dangerous permits a limited pat-down for weapons, not a full search.Exigent circumstances — a genuine emergency: preventing imminent danger, destruction of evidence, or escape. Narrow and fact-specific.Inventory — of a lawfully impounded vehicle/property, done under standardized agency procedures, not as a pretext to investigate.

Default outcomeStop and get a warrant. If you are unsure an exception applies, treat that as the answer.Document the facts supporting whichever branch you relied on.