Omar Bennett
The Fourth Amendment protects people from unreasonable searches and seizures by the government. An unreasonable search and seizure is a search and seizure executed without a legal search warrant, without probable cause, or by extending the authorized scope of the search and seizure. A search or seizure is generally illegal under the Fourth Amendment if it occurs without consent, a warrant, or probable cause to believe a crime has been committed. A search may be legal if law enforcement sees evidence in plain view, or has probable cause to believe a criminal offense is occurring. If you believe you were the victim of an illegal search and seizure, a lawyer can help you suppress the evidence obtained and ensure it is not used against you in court.
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What You'll Learn
Searches without a warrant
A search or seizure without a warrant is not always illegal. The Fourth Amendment of the US Constitution protects individuals from unreasonable searches and seizures. However, a warrant is not needed in certain situations, such as:
- Vehicle searches, when the officer has probable cause to believe that the vehicle contains contraband.
- When the evidence is in plain view, or is in "open fields" or other areas where a person does not have a reasonable expectation of privacy.
- When there is an immediate threat to public safety or national security, and a search warrant cannot be obtained in time.
- When the person consents to the search.
The definition of "search" and "seizure" was summarized in United States v. Jacobsen, which said that the Fourth Amendment protects two types of expectations: one involving "searches" and the other "seizures". A search occurs when an expectation of privacy that society considers reasonable is infringed. A seizure of property occurs when there is meaningful interference with an individual's possessory interests in that property.
In most cases, a search or seizure is reasonable if it is based on probable cause. Probable cause requires an acceptable degree of justified suspicion. However, the determination of probable cause can be complex and may depend on various factors such as the specific facts of the case, the severity of the crime, and the availability of other means to obtain the evidence.
In some countries, certain provisions in their constitutions provide the public with the right to be free from "unreasonable searches and seizures". For example, in Italy, protection from unreasonable search and seizure is enshrined in Article 14 of the Constitution, which states that "The home is inviolable". Similarly, the New Zealand Bill of Rights Act 1990 incorporates the right to be free from unreasonable search and seizure.
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Searches without probable cause
An unreasonable search and seizure without probable cause is a violation of the Fourth Amendment, which protects individuals' reasonable expectation of privacy against government officers. The Fourth Amendment states:
> “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Probable cause requires an acceptable degree of justified suspicion. For example, a search of a driver's vehicle after a speeding ticket may constitute an illegal search and seizure if the officer did not have probable cause to believe the driver had committed another crime. Similarly, an officer who searches a pedestrian on the street without probable cause is conducting an illegal search.
In the United States, a search without a warrant is only considered reasonable if there is probable cause to believe the vehicle contains contraband, or if the evidence is in plain view or an area where there is no reasonable expectation of privacy. In Italy, protection from unreasonable search and seizure is enshrined in Article 14 of the Constitution, while in New Zealand, there is little to no protection.
If evidence is obtained through an unreasonable search without probable cause, it may be excluded from a criminal trial under the exclusionary rule, as it is referred to as the "fruit of the poisonous tree". However, this rule does not apply to all court proceedings, and in some cases, evidence obtained illegally may still be admitted.
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Searches extending beyond the scope of the warrant
Search warrants are designed to be specific, detailing the exact locations to be searched and the items to be seized. They are meant to protect individuals' Fourth Amendment rights against unreasonable searches and seizures. When police exceed these boundaries, any evidence discovered may be deemed inadmissible in court under the exclusionary rule.
A search warrant must specify the exact location to be searched, whether it's a particular room in a house, a specific vehicle, or an office. Law enforcement cannot search areas that aren’t described in the warrant without additional probable cause or an extension of the warrant.
Even if the police are searching areas and items specified in the warrant, they can still exceed the scope of the search by engaging in excessive or unnecessary destruction of property. For example, if the search involves breaking walls or causing significant damage that goes beyond what is reasonable to locate the specified items, the search may be deemed unconstitutional.
Officers exceed the scope of a search warrant when they go beyond the specific authorizations outlined in the warrant, particularly in cases where they:
- Search individuals not named in the warrant without additional justification: A person’s mere presence in a location being searched is not sufficient to justify searching them or their belongings unless certain conditions are met.
- Search belongings not connected to the named suspect: Officers must have probable cause linking the item to the suspect or illegal activity to search it.
- Rely solely on proximity to criminal activity: A person’s nearness to others who are suspected of a crime does not justify searching that person or their belongings.
If the police find evidence of another crime during the search, they can seize it without violating the Fourth Amendment if it is in plain view and is clearly incriminating. However, they cannot use the search warrant as an excuse to search beyond what is specified for unrelated evidence.
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Searches without consent
An unreasonable search and seizure is generally defined as one conducted without a valid search warrant or probable cause. A search warrant must be based on probable cause, supported by oath or affirmation, and must specifically describe the place to be searched, the person or thing to be seized, and the information to be obtained. Probable cause refers to an acceptable degree of justified suspicion that a crime has been committed or is occurring. For example, if a law enforcement officer pulls over a driver for speeding and then searches the vehicle without probable cause to believe the driver committed another crime, this could constitute an illegal search and seizure.
In some situations, a search may be conducted without a warrant if there is probable cause. For instance, if evidence is in plain view, such as in the front seat of a car, this does not constitute an illegal search as there was no reasonable expectation of privacy for items in plain view. Similarly, if officers hear gunshots and noise from a fight inside a property, they may enter without a warrant as they have probable cause to believe a criminal offense is occurring.
The primary remedy for an illegal search and seizure is the exclusionary rule, which prevents evidence obtained through unreasonable means from being introduced in court. This rule applies to criminal trials and some other proceedings, but not all. For example, evidence obtained through lineups and photographic identifications cannot be excluded under the exclusionary rule.
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Evidence obtained via unreasonable search
Evidence obtained through an unreasonable search and seizure is typically inadmissible in court. This is known as the exclusionary rule, which prevents the use of evidence obtained via unreasonable search or seizure in criminal trials. This rule is based on the idea that the government cannot invade areas where individuals have a reasonable expectation of privacy without substantial justification.
The Fourth Amendment to the US Constitution protects individuals from unreasonable searches and seizures, stating that:
> "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
The key elements of this amendment are reasonableness, probable cause, judicial authority, and particularity. A search is typically considered unreasonable if it infringes on an individual's reasonable expectation of privacy. Probable cause requires an acceptable degree of justified suspicion, and a warrant must specifically describe the place to be searched and the items to be seized.
In most cases, a search or seizure is considered reasonable if it is based on probable cause. However, there are situations where a search and seizure may be deemed legal without a warrant. For example, if law enforcement sees evidence in plain view, this does not constitute an illegal search, as the individual could not have expected a reasonable degree of privacy for items in plain view. Similarly, a warrant is not required for vehicle searches if the officer has probable cause to believe the vehicle contains contraband.
In the context of epilepsy, a search of an individual's person or property without a valid warrant or probable cause may constitute an illegal search and seizure. For example, if a person with epilepsy is stopped and searched due to their medical condition without reasonable suspicion of a crime, it could be considered an infringement on their reasonable expectation of privacy.
It's important to note that the interpretation and application of these laws may vary across different jurisdictions, and there may be exceptions or additional considerations in specific cases.
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Frequently asked questions
An illegal search and seizure is when law enforcement officers conduct a search or seize property without a warrant, without probable cause, or when a warrant is issued without probable cause. The Fourth Amendment prohibits the United States government from conducting such searches and seizures.
Probable cause means that law enforcement officers must have enough evidence to believe a crime has been or will be committed. A judge must sign and issue the warrant, and the warrant must state the area to be searched and the items or people being sought.
You can contact a criminal defense attorney who can file a Motion to Suppress Evidence, requesting that any illegally obtained evidence be excluded from consideration.
