What would you do if the police knocked on your door and asked to enter your house? You think you can refuse to allow them to enter, but they may imply that – by doing so – you’re doing something wrong.
You’re not. The Fourth Amendment protects people from unreasonable searches and seizures. What this means is that the police must take legal steps before they can search a home, vehicle or person.
When are the police permitted to make searches?
There are a few conditions that would allow the police to conduct a search without your express permission. Typically, the police would obtain a warrant from a judge. This warrant would allow the police certain liberties to search a home or vehicle. The warrant would specify when and where the search can take place. In other words, if a search warrant only allows the police to search a garage, they may not have the right to search the rest of the suspect’s house.
The police can also make searches under the “plain view” doctrine. For example, if the police notice a weapon or open bottle of alcohol during a traffic stop, they may conduct a search and seize the evidence for a criminal case. They’re also permitted to make searches “incident to an arrest,” which means that your vehicle and person will be searched if you are charged with a crime at a traffic stop.
Finally, there are a few emergency situations that can permit a police officer to search someone’s house or car — such as when there are allegations that a person inside is in immediate danger.
What happens to illegally obtained evidence?
There are times when the police go too far and conduct searches they shouldn’t. When the police violate your constitutional rights, then the evidence they collected during an illegal search could be inadmissible in court. This is one defense strategy to protect you from criminal charges.
Whatever your situation, it’s wise to know your rights. If you’re facing charges, legal guidance can help.