Police officers must balance the civil rights of everyone with their need to investigate. Everyone physically present in the United States enjoys the protection of the Constitution and Bill of Rights, including the Fourth Amendment.
People have protection from unreasonable searches and property seizures. If police officers want to search a home, a business, a vehicle or a person’s body, they need appropriate justification for the search. There are three primary scenarios in which police officers can legally conduct searches.
1. A warrant
The strongest form of legal authorization for a search is a warrant. If an investigation yields enough evidence to convince a judge that a search is necessary, officers can obtain warrants that allow them to access property without consent and even impound vehicles.
2. Probable cause
Many searches occur on the fly when something unexpected happens. If police officers have a credible suspicion that a specific crime occurred, they can conduct a reasonable search. Claims of probable cause require more than generalized suspicions for a search to hold up under scrutiny during criminal proceedings.
3. Permission
Many people make the mistake of consenting to police searches out of politeness. They believe they must comply with officer instructions. They agree to a pat down, allow officers to search their vehicle or let them into their homes.
If a search was not lawful, then a defense attorney could potentially suppress the evidence secured if the search leads to criminal charges. Learning more about the rules that govern criminal trials and police officer conduct can benefit those accused of breaking the law.