The Fourth Amendment of the U.S. Constitution grants Americans the right to security against unreasonable searches and seizures of their person, house, and possessions. However, many people are unsure of when officers of the law are permitted to search an individual or belongings. Here is some basic information about when police officers require a warrant to search a home or person.
When is a warrant required?
In most cases, police officers and other individuals acting on the behalf of the government will require a warrant from the court to search a home or possessions. However, contrary to popular belief, a warrant is not needed in every situation. Here are a few circumstances that may call for or validate a police officer to conduct a warrantless search:
- Consent searches – If you grant the police permission to search your body, home or your possessions, no warrant is needed because the police officer obtained consent.
- Searches after arrest – After arresting an individual, the police officer may search the individual and the immediate surroundings for weapons and evidence of the crime.
- Emergency exception – Police officers don’t require a warrant if there is a reasonable fear for the safety of the public or themselves.
- Traffic violations – If a police officer pulls you over for a traffic violation, he or she can search the glove compartment and the interior of your car legally without a warrant.
What is required to obtain a warrant?
In order to obtain a warrant, the police officer must show probable cause to a judge. Before granting a warrant, the judge must be convinced that the police officer will likely find evidence related to a case or related to illegal activity. The police officer requesting the warrant must know what they are looking for and what they want to search. For example, police officers may want a warrant to search a home for drugs and weapons related to a drug crime.
In most cases, the suspect who is connected to the home or possessions to be searched will not be present when the judge issues the warrant. Therefore, the suspect has no opportunity to contest the probable cause. However, later on, the suspect can always challenge the warrant’s validity.
The Fourth Amendment grants Americans protection against unwarranted searches. As a violation of the Fourth Amendment can mean dismissal of criminal charges against you, if you believe that these rights have been violated, contact the attorneys at James M. Porfido, LLC. Our attorneys can work on your behalf to secure the best possible outcome.