Under the Fourth Amendment, you are protected from unreasonable searches and seizures. This means the police can not search your vehicle or home just on a whim — which is one of the many ways your privacy is preserved in this nation.
However, that doesn’t mean that your property can never be searched — and there are a few ways the police can lawfully search your vehicle or home. If the police ask to search your property, it is important to remember your legal rights. Here are the big questions you need to ask:
Do the police have a warrant?
A search warrant allows the police to search a vehicle or home. The police can get a warrant if they present probable cause to a judge. The judge can decide to what extent the police have to search a home or vehicle, including the amount of time they have to conduct a search and where they can perform a search.
Did you give the police permission?
If the police ask to search your vehicle or home, you could (but probably shouldn’t) give them permission. This would allow the police to search a vehicle or home outside the parameters of a warrant. If a warrant limits the police to only search a shed and not a house, for example, your permission could extend their permission to the house as well.
Did the police make a lawful arrest?
If the police make a lawful arrest, then they may be permitted to search your home or vehicle for further evidence of criminal activity without the need for a warrant.
Was there evidence of a crime in plain view?
If there is evidence of criminal activity in plain view, then the police may have the right to perform a search. The “plain view” doctrine is why it is important to carefully consider whether you want to open your door to the police if they knock, instead of stepping outside — where they cannot peer around you and look for evidence that could justify a search.
What happens if there is an unreasonable search?
If the police perform a search without one of the above situations, then the search may be unwarranted and illegal. Evidence collected during an unwarranted search may be inadmissible in a criminal trial. Learning more about your defense options can help.