When police want to search your home, vehicle or other property they must usually have a warrant. There are exceptions such as searches incident to arrest and protective sweeps.
You also have a right to remain silent. Invoking this right could save you from making incriminating statements during interrogation.
Reasonable Suspicion
The requirement that police officers have reasonable suspicion to detain someone and search his or her person, belongings and/or vehicle protects individuals from invasive and unwarranted searches. Despite what you might see on television shows like Law and Order, you can’t be searched on the spot just because a cop thinks that something is wrong.
The Supreme Court has ruled that law enforcement officers can briefly detain you and pat down your outer clothing for weapons if they have reasonable suspicion that a crime has been, is being or is about to be committed. This standard is broader than probable cause and relies on the officer’s judgement, but it must be more than just a hunch.
To make an official arrest or search your property, police officers need a higher standard of proof than reasonable suspicion – that’s what qualifies as probable cause. If a cop does not have probable cause or some other legal exception, any evidence seized after the search will be thrown out of court at trial. For a more thorough discussion of what constitutes probable cause, click here.
Automobile Searches
Getting pulled over for a traffic violation can be frustrating, especially if police ask to search your vehicle. Though it might seem obliging to agree, saying no is actually the best course of action. If you agree to the search, police could find incriminating evidence and use it against you.
If police have reasonable and articulable suspicion of illegal activity, they can conduct a warrantless search of your car (or boat or truck) during a traffic stop or at a checkpoint or border crossing. This is called a search incident to arrest. However, the Supreme Court case of Arizona v. Gant limited the scope of this exception to searches that are “reasonably related” to the crime of arrest and those areas within an arrestee’s immediate control.
That means officers can only search your trunk, sunglasses holder or glove compartment under this exception. If you’re in hot pursuit of an arrestee, they can also search the area to which the suspect has access.
Cell Phone Searches
In a 2014 case, the Supreme Court made it clear that police officers cannot search your cellphone without a warrant unless you consent. The justices agreed that although wallets, briefcases and vehicles could receive a limited initial search because they do not endanger officers’ safety, cell phones are held to a different standard because they contain private information.
A recent study revealed that most people have over 1000 personal contacts on their cell phone, and the data gathered from these conversations can provide important information about an individual’s life. This is why it is crucial to have a strong grasp of your Fourth Amendment rights when dealing with law enforcement.
If you have consented to a search of your cell phone or have been arrested, you may want to contact a Lemoyne criminal defense attorney about the search and its implications in your case. An attorney can assess whether the search was legal and can argue that any evidence obtained unlawfully should be excluded from your trial. A skilled lawyer can also help you file a search and seizure complaint against any illegal search.
Arrests
When a suspect is arrested, they are taken into custody and sent to jail. Often, they are not allowed to leave until they see a judge and either pay bail or have the charges against them dismissed. This process is known as “booking.” During the booking process, law enforcement may search the suspect’s property and personal belongings. Typically, they will ask the suspect about any gang affiliations and other factors that could present issues in a confined space.
While a police officer is questioning a suspect, the suspect has the right to remain silent. However, this does not stop officers from asking questions that might lead to self-incrimination. In such cases, the suspect should invoke their right to an attorney and advise that they want their lawyer present.
The suspect also has the right to a fair reading of their Miranda rights before any custodial interrogation. The suspect should exercise this right and not answer any questions until their attorney is present. The suspect also has the right to a search of their property under the Fourth Amendment. If the police search is unreasonable, the suspect’s criminal defense attorney might be able to exclude evidence that was seized as a result of the unreasonable search from the trial.