Search and seizures are typically done to collect evidence against a suspect. Evidence collected during a search and seizure may be used against a suspect in court to incriminate them. Some things that are collected during a search and seizure include missing people, illegal drugs, guns, weapons or people tied to crimes.
U.S. citizens are protected from unreasonable searches and seizures under the Fourth Amendment. An unreasonable search is any kind of search conducted by law enforcement without taking the right legal steps. Unreasonable searches often happen when the police abuse their power.
If the police collect evidence during an unreasonable search, the evidence may be excluded during a criminal trial as “fruit of the poisonous tree.” In other words, evidence was collected as a result of illegal conduct from law enforcement.
So, if the police can not conduct unreasonable searches, when is a search and seizure lawful? Here is what you should know:
When do the police have the right to search a home or vehicle?
The most straightforward way for the police to search a home or vehicle and seize incriminating evidence is by simply asking a home or vehicle owner or resident. The individual can consent to the search. However, they can also refuse the search. If this happens, the police may need to take additional steps to perform a search.
The police could get a valid search warrant. This warrant can allow the police to perform a lawful search in a specific location at a specified time. Alternatively, if the police make a lawful arrest, they could conduct a search and seizure. The police could also have probable cause that an individual committed a crime, which could give law enforcement the right to perform a search.
Legal guidance is available for people who believe the police violated their rights. Individuals can explore legal defense options to protect their interests.