The 4th Amendment
The Fourth Amendment of the U.S. Constitution guards citizens from unreasonable searches and seizures by law enforcement officers. A search and seizure is considered not reasonable if it is performed by law enforcement with no legitimate search warrant, and does not fall under an exception to the warrant requirement.
What a search warrant is
A judge issues a search warrant to authorize police officers to search a specific location and seize specified items. To get a search warrant, police need to show probable cause that a crime has been carried out and that items connected to the crime are likely to be found at the place specified by the warrant.
What constitutes a valid search warrant?
A valid search warrant must fulfill four requirements. The warrant needs to be filed in good faith by a police officer; the warrant needs to be based on dependable information showing probable cause to search; the warrant must be issued by a impartial and detached magistrate; and the warrant must declare specifically the location to be searched and the what to be seized.
Where police can search and what they can seize
Law enforcement officials may only search the specific location and seize the specific items mentioned within the search warrant. Law enforcement officials can search beyond the extent of the warrant only when they are defending their safety or the safety of others, or when they are acting to prevent the destruction of evidence. Authorities can seize things not described in the warrant only when they are in obvious view during the search.
Searching with no a search warrant
Under some conditions, authorities are allowed to carry out a search without the need of first acquiring a search warrant. Common exceptions to the warrant prerequisite may include:
Automobile Exception. An officer can search a vehicle if they have a reasonable belief that contraband is present inside the vehicle.
Hot Pursuit. Police can go into a private dwelling if they are in €hot pursuit€ of a fleeing criminal. Once inside a dwelling, authorities may then search the entire location without first acquiring a search warrant.
Consent. Authorities can carry out a search without a search warrant if they get consent. Consent needs to be freely and voluntarily given by a person with a reasonable anticipation of privacy in the area or property to be searched.
Plain View. An officer can seize evidence without a warrant if an officer is within the premises lawfully and the evidence is situated in plain view.
Search Incident to Arrest. When performing a lawful arrest, a police officer can search an individual's person and their immediate surroundings for weapons or additional things that may harm the officer. If a person is arrested in or close to a vehicle, the police officer has the right to search the passenger compartment of that vehicle.
Exigent Circumstances. Police are not required to obtain a search warrant if they reasonably believe that evidence may be destroyed or others may be put in danger in the time it would take to get the warrant.
Is it legal for an officer to search a person without first obtaining a warrant?
A police officer can stop an individual to carry out a field interview if the police officer has reasonable suspicion that criminal activity has been, is being or is about to be carried out. During the field interview, the police officer may carry out a pat-down search of the exterior apparel for weapons if the police officer has a reasonable fear for his or her own safety as well as that of others.
What recourse does a person have if a search was conducted unlawfully?
Should evidence be acquired with no valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court. Evidence obtained on the basis of illegally gathered evidence (known as €fruit of the poisonous tree€) will also be ruled out.
While this article offers fundamental information in respect to the Fourth Amendment of the U.S. Constitution and the lawful limitations of searches and seizures by law enforcement, it should not be considered legal advice. For any legal advice you should consult with a lawyer. For a federal criminal defense attorney in the St. Louis and Edwardsville areas you should give consideration to arranging a consultation with Stobbs Law Offices.
The Fourth Amendment of the U.S. Constitution guards citizens from unreasonable searches and seizures by law enforcement officers. A search and seizure is considered not reasonable if it is performed by law enforcement with no legitimate search warrant, and does not fall under an exception to the warrant requirement.
What a search warrant is
A judge issues a search warrant to authorize police officers to search a specific location and seize specified items. To get a search warrant, police need to show probable cause that a crime has been carried out and that items connected to the crime are likely to be found at the place specified by the warrant.
What constitutes a valid search warrant?
A valid search warrant must fulfill four requirements. The warrant needs to be filed in good faith by a police officer; the warrant needs to be based on dependable information showing probable cause to search; the warrant must be issued by a impartial and detached magistrate; and the warrant must declare specifically the location to be searched and the what to be seized.
Where police can search and what they can seize
Law enforcement officials may only search the specific location and seize the specific items mentioned within the search warrant. Law enforcement officials can search beyond the extent of the warrant only when they are defending their safety or the safety of others, or when they are acting to prevent the destruction of evidence. Authorities can seize things not described in the warrant only when they are in obvious view during the search.
Searching with no a search warrant
Under some conditions, authorities are allowed to carry out a search without the need of first acquiring a search warrant. Common exceptions to the warrant prerequisite may include:
Automobile Exception. An officer can search a vehicle if they have a reasonable belief that contraband is present inside the vehicle.
Hot Pursuit. Police can go into a private dwelling if they are in €hot pursuit€ of a fleeing criminal. Once inside a dwelling, authorities may then search the entire location without first acquiring a search warrant.
Consent. Authorities can carry out a search without a search warrant if they get consent. Consent needs to be freely and voluntarily given by a person with a reasonable anticipation of privacy in the area or property to be searched.
Plain View. An officer can seize evidence without a warrant if an officer is within the premises lawfully and the evidence is situated in plain view.
Search Incident to Arrest. When performing a lawful arrest, a police officer can search an individual's person and their immediate surroundings for weapons or additional things that may harm the officer. If a person is arrested in or close to a vehicle, the police officer has the right to search the passenger compartment of that vehicle.
Exigent Circumstances. Police are not required to obtain a search warrant if they reasonably believe that evidence may be destroyed or others may be put in danger in the time it would take to get the warrant.
Is it legal for an officer to search a person without first obtaining a warrant?
A police officer can stop an individual to carry out a field interview if the police officer has reasonable suspicion that criminal activity has been, is being or is about to be carried out. During the field interview, the police officer may carry out a pat-down search of the exterior apparel for weapons if the police officer has a reasonable fear for his or her own safety as well as that of others.
What recourse does a person have if a search was conducted unlawfully?
Should evidence be acquired with no valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court. Evidence obtained on the basis of illegally gathered evidence (known as €fruit of the poisonous tree€) will also be ruled out.
While this article offers fundamental information in respect to the Fourth Amendment of the U.S. Constitution and the lawful limitations of searches and seizures by law enforcement, it should not be considered legal advice. For any legal advice you should consult with a lawyer. For a federal criminal defense attorney in the St. Louis and Edwardsville areas you should give consideration to arranging a consultation with Stobbs Law Offices.