The police may ask to search your home or vehicle to collect evidence during a criminal investigation. Evidence collected could be used against you, leading to criminal charges, fines, incarceration and other repercussions.
However, under the Fourth Amendment, the police cannot conduct an unreasonable search and seizure and violate your privacy. This means that the police, typically, cannot force their way into your home or vehicle and collect evidence. There are a few instances when the police can legally perform a search and seizure.
Did the police have a warrant?
In most cases, the police would require a judge-approved search warrant before entering a home or vehicle and collecting evidence. A warrant would give the police the authority to enter a property at a specific time to collect particular items, such as weapons or drugs.
Did you give the police permission to conduct a search?
You can consent to a police search. By permitting the police to search your home or vehicle, they may collect evidence without a warrant. However, this search may be limited to common areas if a residence is shared.
Was there evidence in plain view?
In some cases, the police may find evidence in plain view. For example, the police could see a weapon through a car window during a traffic stop. This evidence could be collected for an investigation without a warrant.
If the police violated your civil rights and performed an unreasonable search and seizure, you may want to understand your legal rights. For example, evidence collected during an unreasonable search and seizure may be excluded from a criminal case, potentially protecting you from repercussions. You can learn more by reaching out for legal guidance.
