Some people are concerned that they could be arrested if the police search their person, vehicle or home. A search and seizure can potentially lead to serious criminal charges, especially if a person was in possession of illegal drugs or weapons. However, the police cannot search anyone for just any reason.
The police must follow legal steps to perform a reasonable search and seizure. If the police search you unreasonably, they could violate your civil rights. Here is what you should know:
When can the police search a vehicle or a home?
The Fourth Amendment protects people from unreasonable searches and seizures. For a search and seizure to be considered reasonable, the police must meet certain conditions. The most common way the police can perform a search and seizure is if they have a warrant. The police can obtain a court-ordered search warrant to search a vehicle or property for drugs, weapons or incriminating evidence.
Alternatively, the police could have probable cause of a crime being committed, such as witnessing a drug deal or seeing someone drop a weapon. The police could also ask permission to search a person, vehicle or home. The police can also perform a search after a lawful arrest or if evidence is in plain view.
What happens to illegally obtained evidence?
If the police performed an unreasonable search and seizure, it could strengthen a person’s criminal defense. Unreasonably obtained evidence may be dismissed in court. As a result, the evidence may not be used against the defendant to charge them with criminal actions. This weakens a prosecutor’s case against the defendant.
Professional legal guidance can help people fight against criminal charges.