Search and seizure laws protect Americans’ personal privacy while still allowing law enforcement and government entities to gather evidence. The Fourth Amendment to the Constitution: Search and Seizure is the bedrock of this issue, placing limits on the power of the police to make arrests, search people and their property, and seize objects.
As an American citizen, what should you know about your rights when law enforcement seeks to search your property or person? Let’s dig deeper into this legal issue and explore warrants and exceptions to the warrant requirement.
When Is a Warrant Needed?
The Fourth Amendment protects individuals from unreasonable searches and seizures. It requires that law enforcement must have a valid warrant or probable cause to search a person, their home, or their belongings.
A warrant, a legal document issued by a judge authorizing a search or seizure, must be obtained before law enforcement begins such a search. The warrant is granted only when probable cause is met, meaning there is a reasonable belief that a crime has been committed.
A warrant may not be needed in urgent situations involving immediate threats to public safety or the potential destruction of evidence. Also, searches connected to lawful arrests might occur without a warrant.
Exceptions to the Warrant Requirement
There are some exceptions to the legal requirement of having a warrant before a search. These include:
- A person voluntarily gives consent to a search.
- Exigent circumstances exist, such as when immediate action is needed to prevent harm, the destruction of evidence, or a suspect’s escape.
- Evidence of the crime is in plain view of law enforcement.
- When a person is lawfully arrested, a search of their immediate surroundings can be completed.
There are also exceptions for this rule when searching a motor vehicle. For instance, if there is probable cause to believe the car contains evidence of a crime or contraband (drugs, alcohol or weapons), the search may be legal without a warrant.
Violations of the Fourth Amendment
While there are exceptions to the rules for warrants, there are also violations that could impact a legal proceeding based on search results.
If law enforcement obtains evidence during a search that did not include a warrant or the items were outside the scope of the warrant, the judge may exclude the evidence as it is considered “fruit from a poisoned tree.” In other words, the evidence would not have been collected or discovered unless it was found during an illegal search.
Additionally, if a court finds that an unreasonable search occurred during an investigation, any evidence seized as a result of it cannot be used as direct evidence against the defendant in a criminal prosecution. This is called the Exclusionary Rule established in 1961.
If you have questions about whether a search and seizure of your property or person was legal, contact our team at the Law Offices of Patrick Conway.