The police have various powers that they can use during the course of criminal investigations, including conducting searches and seizing property. Nonetheless, law enforcement must act within the confines of the law when conducting searches.
Citizens are protected from unlawful searches and seizures by the Fourth Amendment of the U.S. Constitution. What constitutes an unlawful search?
Warrantless searches
To search property and seize items, police officers must usually have a valid search warrant. The warrant needs to be signed by a magistrate, dated and specific to the address. A warrant that has expired, or does not specify the correct property and items to be seized, is an invalid warrant. Evidence seized in a warrantless search is highly likely to be deemed inadmissible in court.
Discriminatory searches
In some cases, the police may be entitled to search a person. They can do this if that individual consents to the search. The police may also search a person if they have probable cause to believe that they have committed a criminal offense. An example of this may be if the individual flees a crime scene.
All individuals have a reasonable expectation of privacy and searches cannot be random or discriminatory in nature. For example, if the police conduct a search based on a person’s ethnicity or perceived religion, this would be discriminatory and unlawful.
You are entitled to privacy and due process under law. If you have been charged based on evidence found in a search, the validity of that search can be scrutinized. Seeking legal guidance will help to ensure that your Fourth Amendment rights are respected.