What legal constraint is placed on searches before an arrest according to common law?

Under common law, the principle is that searches before an arrest are generally prohibited unless there are certain exigent circumstances or consent is given. This means that law enforcement officers typically need probable cause and a warrant to conduct a search, which is usually obtained after a person has been arrested. This limitation is in place to protect individuals’ rights against unreasonable searches and seizures as expressed in legal principles and constitutional protections.

The concepts behind this involve the necessity for law enforcement to uphold individual privacy unless justified by a compelling reason. This encourages accountability for law enforcement and ensures that any evidence obtained in a search can be deemed admissible in court. Thus, the legal constraint specifically aims to safeguard individuals from arbitrary intrusions before an arrest has been made, maintaining a balance between effective law enforcement and individual rights.