The fourth amendment reads, “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 affirmation, and particularly describing the place to be searched, and the things to be seized.”
In layman’s terms, the fourth amendment protects the rights of United States citizens against unlawful search and seizure. This most commonly applies to law enforcement searching one’s property such as a vehicle or home. In the event that the individual is arrested for, say possession of an illegal substance, it is important to look at the method used when the law officer found and confiscated the property, which will now become evidence. If it is discovered that the search was not conducted legally, the evidence may be withheld during trial.
When is it lawful for a law enforcement official to conduct a search?
A warrant is usually necessary for a legal search to take place. In the event that a law officer believes there is probable cause to conduct a search, it will be necessary to bring the information to a judge and obtain a search warrant. The judge will review the information and make a decision based upon that which is presented to him or her. Most judges will agree that the information should be objective and not rely on a hunch or the officer’s opinion but rather sound evidence indicating a reason to search.
When is it okay to search without a warrant?
According to the U.S. Supreme Court and appellate courts there must be reasonable cause for a search and seizure. The legal system understands that there are times when it is not practical to wait for a search warrant to be granted. For example, if an officer pulls a car over for speeding and while speaking with the driver sees illegal items such as a gun, drugs or paraphernalia, they are within the law to confiscate the item(s) and make an arrest. It is also within the law for a police officer to search your property without a warrant, if you agree to the search. You are not obligated to agree.
What is probable cause?
The element of probable cause is essential to any criminal case. It is essential because it holds law enforcement to an ethical and objective standard of pursuing suspects and contraband. For this reason, a warrant and/or the plain sight rule qualify as probable cause.
When it comes to the law, there are certain standards that must be maintained in order to ensure public safety and one’s right to privacy. The fourth amendment is one of many aspects of the constitution that is intended to do just that. The constitution is imperative, especially in criminal cases, in order to maintain a legal system that is just and fair for all citizens.
If you are facing criminal charges, turn to a criminal lawyer Bloomington, IL trusts for help. The team at Pioletti Pioletti & Nichols is ready to assess your case and will work hard to protect your rights.