It is important that civilians and law enforcement officers alike abide by the laws of the United States. While unreasonable searches and seizures are illegal, there are ways that the police can search you or your property for drugs or evidence of a crime. Speak with a York County, PA drug crime attorney for skilled legal representation.
What is the Fourth Amendment?
The Fourth Amendment of the United States Constitution offers information on important rights of individuals in the U.S. Privacy is important and the Fourth Amendment protects people from unreasonable searches and seizures. It makes it illegal for any government agent or law enforcement to conduct unlawful searches of personal property or seizures of personal belongings. However, there are ways that the police may still conduct a search without crossing legal lines.
When Can the Police Search Me For Drugs?
There is a multitude of instances where the police are within their rights to search your property, especially regarding drug-related crimes. Below are some examples of reasons you may have to submit to a search and seizure.
Warrant
If law enforcement has collected enough evidence to support a reasonable belief that a crime has been committed and evidence will be found in a specific location, they can submit a request for a warrant. A warrant is a document signed by a judge or magistrate that allows the police to disregard an individual’s Fourth Amendment rights by searching their property and seizing their personal belongings.
Probable cause
Probable cause is a requirement that law enforcement must meet to conduct a legal search. There must be sufficient evidence to suggest that a crime has been committed and that the search they want to conduct will uncover some evidence of the crime. For example, if the police pull over a person for intoxicated driving and find them with clear signs of illicit drug abuse, they may be able to conduct a search of the vehicle.
Plain view
An exception to the requirement of a warrant is called plain view. This means that police officers are allowed to seize evidence of a crime if it is clearly visible to them while they are lawfully present at a location. As long as the police are not trespassing or committing an illegal act, anything left in plain sight is fair game. For example, consider the above example regarding a person being pulled over for driving while high. If the police officer sees illegal drugs on the front seat or dashboard they can search the vehicle and seize evidence.
Consent
The police may also ask you for your permission to search your property. Consider if a police officer pulls you over or knocks on your door for some reason. They may ask if you mind them taking a look around or searching the area. If you so choose you can tell them yes and give your consent by waiving the rights offered to you in the Fourth Amendment. However, you can also refuse consent. Law enforcement must abide by your decision regardless of what it is.
