How Do I Protect Myself From Unlawful Search and Seizure?

Citizens are protected by the Fourth Amendment of the US Constitution from arbitrary police searches and seizures. Violating this right may result in evidence being excluded from a criminal case. If there is probable cause, a judge or magistrate must issue a warrant specifying the location to search and the items to be seized. However, there are some instances when this is optional.

Probable Cause

The Fourth Amendment of the Constitution bars unreasonable search and seizure. It means police officers cannot search your belongings without a warrant or probable cause. Exceptions exist, such as when an officer sees something illegal in plain view. A warrant is a court order signed by a judge or magistrate. It must state the place to be searched and describe the items to be seized. It also must include a statement that the officer has probable cause to believe that evidence will be found there.

Police can also search property that the occupant voluntarily consents to be searched. However, the court will evaluate the circumstances under which the consent was given. For instance, the support may be invalid if an officer threatens you. If you believe your rights were violated during a search, this helpful article can help you find an attorney to file a motion to suppress the collected evidence. If a judge agrees that the investigation was unreasonable, they will not allow the prosecution to use this evidence in your case.

Privacy

The Fourth Amendment shields people from searches and seizures by state or federal law enforcement. However, it only protects against unreasonable searches and seizures, as defined by court decisions and guidelines. To qualify as a search, a person must have a legitimate expectation of privacy in the place or thing searched. For example, most people have a reasonable expectation of home privacy. Therefore, police must have a warrant to search a home. However, they do not need a guarantee to search through the contents of a vehicle or bag of trash that someone threw away in public. The Supreme Court has determined that any illegally obtained evidence from an unreasonable search violates the Constitution and should not be admitted in court. It is known as the exclusionary rule. People can also protect their rights by knowing how businesses use personal information and refusing to consent to a search or sale of their knowledge.

Consent

Consent means that someone voluntarily agrees in response to a proposal or request. It requires sufficient mental capacity and the absence of coercion, fraud or error. It also requires that the scope of the consent is communicated. Generally, police officers cannot search a person’s private property without a warrant. However, they may explore areas of the property legally owned by or occupied by a third party with possessory rights if that third party consents to the search.

This consent must be voluntary and freely given, meaning that people should have genuine choice over how their information is used. It also must be clear and unbundled from other terms and conditions, including separate granular consent options for different types of processing. Consent cannot be withdrawn at any time, and it is not valid when conditioned on a contract or based on silence, moving away, being asleep or unconscious, being emotionally manipulated, coerced or intoxicated.

Exclusionary Rule

Suppose police violate your Fourth Amendment rights during an investigation or arrest. In that case, a skilled attorney may be able to get evidence obtained as a result of this violation excluded from court. It is called the exclusionary rule. The rule prohibits damning evidence from being used at trial when acquired in violation of your constitutional rights and is intended to discourage police wrongdoing. For example, if officers without reasonable suspicion or probable cause stop you, search your car, and find drugs, the evidence seized will likely be inadmissible in your criminal case. The illegal search violated your Fourth Amendment right against unreasonable searches. However, it is important to note that certain searches are not subject to the exclusionary rule. These include DUI checkpoints, which are conducted for public safety. Additionally, if you provide consent to perform a search, the law does not consider this a violation of your Fourth Amendment rights. Lastly, under the good faith exception, a court will allow officers to use evidence if they reasonably rely on a statute that later turns out to be unconstitutional.