Search and Seizure: What Do I Need To Know?

America is the land of the free and home of opportunity. But how does the constitution protect our freedom and what is the line between someone’s freedom and the safety of others?

The Fourth Amendment protects United States citizens against unreasonable searches and seizures.  Unreasonable searches or seizure of private property is when the police search and take your personal property without probable cause that a person committed a crime.

How does the state determine this?

There are two instances in which police will search your vehicle, house, papers, personal property, or effects. One being if they have probable cause that they will find evidence that you committed a crime and the other being that the situation provides sufficient threat and potential harm to others.  In these circumstances the police would have full capacity to investigate your personal items. Sometimes, they will even have a canine force, especially when searching for drugs.

According to the Fourth Amendment, in order to search your property, the police need to obtain a warrant in the court of law from a judge. If they do say they have a warrant, you have the right to ask to see it.

There are some instances when a warrant is not necessary:

1. Consent – The police can ask you to search your property. If you agree voluntarily, they have full right to investigate further. The police do have to tell you that you have the right to refuse the search. If you have a roommate, you can allow the police to search common areas of the home, but not the areas owned by the roommate. Also, a landlord cannot allow police to search their tenants’ home, without the tenants’ permission.

2. “Plain View Doctrine” – The police can search and seize your property if they see evidence in clear sight. For instance, if they pull you over and they see drugs in your cup holder, they have every legal right to take it and use it as evidence against you.

3. When making an arrest – Police can also search and seize property when making an arrest. A police officer can search pockets for stolen goods, drugs, etc.

Another rule regarding search and seizure involves the safety of others. If the police believe that in the time it would take to get a warrant, harm would be done to others or the suspect, they have the right to search and seize. However, they will have to prove probable cause in court.

If the police do not obtain a warrant and none of these circumstances occur, then citizens have a right to retain their privacy. The Fourth Amendment was created to ensure that political entities could not intrude in the privacy of others for no reasonable cause. For instance, police cannot search your vehicle because you gave them an angry look. They need to have a reasonable cause; otherwise citizen’s privacy could be destroyed.

The Fourth Amendment further protects citizens in the case that a court decides an unreasonable search was made. The evidence found during the search cannot be used against the defendant. This is called the exclusionary rule.

Whatever your circumstance is, it is important to know your rights. This is why legal representation can be so important. When in doubt, discuss your case with your lawyer to make sure that your rights are being upheld.

David Haenel, Esq. of Finebloom & Haenel has extensive experience litigating DUI, criminal and traffic-related cases in Florida courts and is known for lecturing on legal issues surrounding DUIs. Find out more on his site www.fightyourcase.com.