To convict someone of a crime, the police need evidence – and a lot of evidence may come from a few careful searches of that person’s home, vehicle or belongings.
However, law enforcement cannot conduct searches just whenever they want. The Fourth Amendment of the U.S. Constitution protects people against that kind of overreach by the judicial system. As such, the police must follow specific legal guidelines when conducting searches and gathering evidence.
Understanding when the police can legally conduct a search and seize evidence can help you better understand your options down the line.
When can the police perform a search and seizure?
Typically, the police must have a search warrant before searching a person’s home or property. A warrant may be granted by a judge only when law enforcement can demonstrate enough “probable cause” to support their belief that a crime has occurred and evidence can be found in that location. Warrants are typically restricted in scope to specific times, locations and evidence.
There are several exceptions to the need for a warrant, however. A warrantless search may be lawful if the police are in hot pursuit of a suspect, if there is a reasonable belief that evidence is about to be destroyed or when there is a legitimate concern for someone’s safety. Limited searches incident to arrest are also considered lawful. Evidence of criminal activity can be seized, too, when it is in plain sight – even if it isn’t listed in a warrant.
What if evidence was illegally seized?
While the police enjoy a lot of leeway when it comes to searches and seizures, there are limits. Evidence can be excluded from use in a criminal trial under the fruit of the poisonous tree doctrine. This protects people against incriminating evidence that was obtained during an unconstitutional search and seizure.
Common examples of unlawful searches and seizures include searches of locked digital devices, searching deep in a suspect’s pockets or bag when only a pat-down is warranted, vehicle searches during traffic stops without probable cause and searches that exceed the scope of the warrant in hand.
Professional legal guidance can help protect you from criminal charges if you believe your legal rights were violated during a search. Skilled legal guidance can often get unlawfully obtained evidence declared inadmissible during defense arguments.