Search and Seizure: Exceptions to the Search Warrant Requirement


A search or seizure without a warrant is unreasonable unless it falls under an exception to the warrant requirement.[1]

There are at least seven exceptions to the warrant requirement:[2]

1. Search incident to arrest;

2. Hot pursuit;

3. Stop and frisk;

4. Automobile;

5. Plain view;

6. Consent; and

7. Abandonment

The State has the burden of proof when claiming that an exception applies.[3]

[1] State v. Gamble, 405 S.C. 409 (2013) [2] Id. at 416. [3] Id.