Everyone who has seen a police reality television show has seen this scene play out many times: a police officer confronts the prime suspect at his house and shows a search warrant to them before entering the property. The use of a warrant to conduct searches finds its roots in the Fourth Amendment, which says that every person in the United States is protected from any type of unreasonable searches and seizures. This right is intended to curb police misconduct by denying officers the ability to simply search anywhere as they please.
Searches and Search Warrants
To legally conduct a search, police officers often need a document called a search warrant. This document very clearly outlines what the officers want to find and where they want to search for it. To obtain this warrant, police officers must go in front of a neutral judge and explain why they want to conduct a search. The officer’s explanations and supporting evidence must meet a standard called probable cause. Probable cause is the reasonable belief that an offense has been committed, and that there will be evidence of that crime in the location the officer intends to search. If the judge feels convinced that the officer has sufficient probable cause, then they can issue a search warrant.
However, for a search warrant to be considered legitimate, the officers must be very precise in their phrasing. For example, suppose the police are looking for a stolen television, and their suspect lives in an apartment. The locations that the police intend to search must be reasonable for the television to be in. For instance, it would be reasonable for the officers to search the suspect’s closet or pantry; thus, these locations can be listed on the warrant. However, it would be considered unreasonable to think the television could be hidden in the suspect’s dresser drawer or backpack. Therefore, the officers could not include these two locations when the search warrant is written.
Searches without a Warrant
While it may seem like warrants are an integral part of a search and seizure, police officers are actually allowed to conduct some searches without a warrant. There are many exceptions to the search warrant requirement that are available for police officers to use. Such exceptions include, but are not limited to:
- When voluntary consent has been provided
- When the search is incident to a lawful arrest
- When there are exigent (emergency) circumstances present
- When the search is conducted by non-law enforcement agencies (such as airport security) or administrative agencies
- When the property being searched can be considered abandoned
- When the location being searched is an automobile, but only under certain circumstances (such as if the vehicle is being impounded)
- When the search is conducted at the state or national border
Any exceptions, including those not listed, still requires sufficient probable cause to make the search itself legal. When an officer wants a search warrant, they must explain their reasoning for probable cause in front of a judge prior to conducting the search. If the officer wants to invoke one of the many exceptions, however, they can skip that step and immediately conduct the search. However, if the case being investigated goes to trial, the officer must be able to properly articulate their probable cause in court for the warrantless search to stand.
Learn more with Hendry and Parker
There are many aspects that are constantly at play when a search and seizure take place. To the layman, it may seem unnecessarily confusing and difficult to understand. If you live in Pinellas, Pasco, or Hillsborough County, and feel that the police may have conducted an illegal search and seizure in your case, you will need a seasoned criminal defense attorney who can properly navigate the intricacies of police procedure. Call the criminal defense attorneys at Hendry & Parker, P.A., located in downtown Dunedin, at (727) 888-6547 today for a free consultation.