warrantless search

Warrantless searches are searches conducted by law enforcement without a warrant. In the United States, the Fourth Amendment protects individuals against unreasonable searches and seizures, generally requiring a warrant based on probable cause. However, exceptions exist, such as searches incident to a lawful arrest or when there is probable cause to believe evidence will be found and delay would defeat the purpose of the search.12

The USA PATRIOT Act, enacted after the September 11, 2001 attacks, expanded government surveillance powers, including provisions for delayed notification searches ("sneak and peek") and allowing surveillance without probable cause if it was a significant purpose of an investigation. Critics argued these provisions infringed upon Fourth Amendment protections against warrantless searches and First Amendment rights. The USA FREEDOM Act later replaced the PATRIOT Act, requiring public requests to the FISA Court for data access.3