Searches and seizures are a key part of criminal law, helping police gather evidence for prosecutors to convict people of crimes. Sometimes, police officers may bend the rules or act unlawfully to perform a search and seizure. They will try to find evidence whenever possible, but it’s your lawyer’s job to determine if their actions were legal.
Understanding what searches and seizures are, and knowing your rights, is crucial to protecting yourself. What is search and seizure? In this blog, we’ll explain what it is and how Kirakosian Law can assist you.
What is a Search?
A search happens when police look for something in a specific area. They might search for a particular item, like a weapon used in a crime, or something more general, like illegal drugs. Police can freely search public areas, but your right to be free from unreasonable searches applies in places where you expect privacy, such as your vehicle, office, or home.
If police want to search an area where you have a reasonable expectation of privacy, they need probable cause or a search warrant. Probable cause means they have a reasonable belief, based on observable facts, that you have committed, are committing, or will commit a crime. They can’t search based on a hunch or gut feeling.
Police can gain probable cause if they see an item related to a crime in plain sight. There are also exceptions that allow them to search without a warrant, such as responding to emergencies or calls for help from inside a home.
What is a Seizure?
A seizure occurs when police take control of an item or a person. If you are seized by the police, it means you are detained or arrested. Police must have probable cause, based on facts, that you committed, are committing, or are about to commit a crime to take you into custody.
When police seize property, it becomes evidence. They can confiscate items on your person or in your vehicle when you are arrested, or items they believe are connected to the crime. Understanding these concepts is crucial in asserting your rights and protecting yourself legally.
So, what is search and seizure? Search and seizure in criminal law refer to a law enforcement officer’s examination of a person’s home, vehicle, or business to find evidence of a crime. But when do these searches and seizures become illegal or unethical?
What Constitutes An Illegal Search & Seizure?
We’ve gone over what is search and seizure, now, what makes it illegal? Unreasonable search and seizure occur when police search without a warrant, permission, or probable cause, violating your Fourth Amendment rights, which protect your privacy.
- Expectation of Privacy
The Fourth Amendment protects you where you have a reasonable expectation of privacy. This is determined by:
- Your personal belief in your right to privacy.
- Society’s view that your expectation is reasonable.
For example, you expect privacy in your home, but not in trash thrown in a public bin. Police need a warrant to search your home but not to search public trash.
- Search Warrants
Police usually need a warrant for a legal search. A judge must approve it based on probable cause. They must stick to the warrant’s scope but can seize items in plain view.
- Warrantless Searches
Warrantless searches are generally invalid unless they meet exceptions:
- Hot Pursuit: Chasing and arresting a suspect without a warrant.
- Plain View: Seizing items in plain sight.
- Public View: Seizing items in public areas.
- Exigent Circumstances: Acting without a warrant if evidence might be destroyed, a suspect might flee, or there’s a public danger.
Private Security
The Fourth Amendment applies to government officials, not private security. If a security guard searches your belongings and gives evidence to police, it doesn’t violate your Fourth Amendment rights.
Understanding these principles helps you protect your rights and recognize unlawful searches and seizures.
How Does The Fourth Amendment Help Citizens?
The Fourth Amendment to the United States Constitution protects your rights:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The key term here is “unreasonable.” While the Constitution protects against intrusive government searches and seizures, many reasonable searches and seizures can still happen without a warrant. Whether a police search or seizure is reasonable depends on whether you had a reasonable expectation of privacy in the first place.
Kirakosian Law & Your Rights
Knowing what search and seizure is can help you if you ever find yourself in a situation like this. Law enforcement faces significant restrictions when searching you or your property and seizing evidence. If a search or seizure is unlawful, critical evidence can be excluded at trial, which can greatly impact your case. This is why having an experienced criminal defense attorney is crucial. Speak with a lawyer to leverage their expertise and contact Kirakosian Law today.