The recent frenzy of reporting on police brutality highlights the prevalence of illegal search and seizure practices. While the Fourth Amendment entitles people to freedom and privacy from intruding government officials, the police still need to conduct searches in order to prevent crime. They may infringe on your privacy if they have justifiable belief that you are involved in criminal activities.
Special weapons and tactics (SWAT) team officers with guns
“Reasonable” searches and seizures are subject to frequent misinterpretation, though. Law enforcement officials must follow certain rules when performing these, and you should know your rights.
If you suspect police misconduct, call Goldberg & Allen, LLP today at 212-766-3366. A criminal lawyer in New York can assess your case to determine if you have a legitimate claim. Read on to understand the laws surrounding search and seizure practices.
Understanding the Rights of the Police
The U.S. Constitution’s Fourth Amendment authorizes the police to conduct “reasonable” searches and seizures. This means that officers must have probable cause before searching your person, car or property. If there is suspicion of a crime and if it is probable that officers will find evidence or stolen goods, they may search you and seize the items in question without a search warrant.
Without a “legitimate expectation of privacy,” police may take evidence or items without conducting a search. The courts will compare your expectation of privacy against society’s view.
For example, if you steal a handgun and leave it on the hood of your car, the police may take it because you left it in a place where you cannot legitimately expect privacy; however, if you placed it in your home, it is in a private place. Police may justify a search of your property from first-hand information, such as an informant’s tip, provided they believe the information is accurate in the circumstances.
If police have a warrant, they may only enter a specified area of your property and may only search for items the warrant lists; however, they may extend their search beyond the warrant’s limitations if:
- Anybody’s safety is in question.
- They need to prevent people from destroying evidence.
- They need to investigate stolen items or evidence in plain view.
Police do not need a warrant if you consent; however, you must consent voluntarily and freely. If the police place you under arrest, they may search you and the surroundings without a warrant. If the arrest occurs in a residence, the police may check the property for accomplices or victims if they have reasonable belief that others are on the premises.
Additionally, a warrantless search is permissible if police have reason to fear for the safety of the public or themselves. For example, if they see you preparing a blowtorch and packing dynamite in your garage while on patrol, they may search your premises without the need of a warrant.
Unfortunately, the police do infringe on people’s Fourth Amendment rights during search and seizure operations. If you are facing criminal charges because of evidence confiscated in an illegal search, call an award-winning DUI attorney from Goldberg & Allen, LLP at 212-766-3366 for help developing a solid defense strategy.
