Some people think that police can do whatever it takes to solve crimes, but there are limits to what they can do. The United States Constitution has specific protections that apply to these cases, so it’s critical that everyone understands what those include.
The Fourth Amendment is where it’s possible to find the protections regarding unreasonable searches and seizures. A search involves looking for evidence of a crime. Seizure means taking property or detaining a person based on the search.
When can police officers conduct a search?
Law enforcement officers can search a location if they have a search warrant, which requires showing a judge or magistrate that there’s probable cause for the officer to search a specific area for specific items. If the officer has a warrant, they can conduct the search in accordance with the terms set in the document. They can also seize evidence as stated in the warrant.
There are times when a search warrant isn’t needed. One of these is if a person voluntarily consents to the search. Another is if there is evidence of a crime in plain sight from a location where the officer is allowed to be. Searches incident to arrest and other specific exigent circumstances can also lead to a warrantless search.
If any evidence is collected unlawfully, it’s possible that it might not be admissible in court. Working with someone familiar with these matters may be beneficial for individuals who are facing charges related to unlawful searches or seizures.
