Searches are something that law enforcement uses all the time. They help police officers to gather evidence to present in court. Searches may be conducted on a person, their vehicle or their property.
There are strict laws on what constitutes a legal search, and these are largely outlined in the Fourth Amendment of the U.S. Constitution. Failing to adhere to the provisions of this Amendment can make a search unlawful.
Outlined below are some examples of unlawful searches.
Searching at random
A person cannot be stopped and searched at random. This is also the case for a vehicle and property. For a search to be lawful, officers must have a reasonable suspicion that a criminal offense has been committed.
Discriminatory searches
Searches also cannot be conducted for discriminatory reasons. An individual cannot be searched on the basis of their skin color, perceived religion or other protected characteristics.
Warrantless searches
To enter a property and conduct a search, the police typically need a valid search warrant. This should be signed by the relevant magistrate, dated, and specific to the property subject to the search. A search that goes beyond the scope of the warrant could be deemed unlawful.
Officers can only enter the property without a warrant if they have consent from the owner or there are exigent circumstances. Exigent circumstances include things like someone’s life being in danger or if a fugitive has entered a building.
If you have been charged based on a search, it’s important to think about your legal rights. Was the search lawful? To formulate the best possible defense strategy, it may help to seek legal guidance.