After a recent encounter with California police that resulted in drug charges, you cannot help running the events through your mind. Now you wonder if you were the victim of an illegal search and seizure.
United States Courts explains where and how reasonable searches and seizures take place. Determine whether police potentially violated your Fourth Amendment rights.
Person
If a patrolling police officer observes a person acting in a way that suggests potential criminal activity, the officer has the right to stop the individual. After stopping the person, the officer may ask questions that help to confirm or quell her or his impressions.
Home
Officers must have a warrant before searching a person’s home. That said, some circumstances allow for legal warrantless searches. For instance, if the officer notices certain objects in plain view, receives permission to conduct a search, has probable cause or engages in a lawful arrest, she or he does not need a warrant to search the premises.
Motor vehicles
A driver who commits a traffic violation may endure a traffic stop. Police officers who suspect a person of criminal activity may pull her or him over. If the police suspect the existence of criminal evidence inside a vehicle, they may conduct a traffic stop to search the vehicle.
During a legal traffic stop, officers may physically search the driver and passengers without suspecting them of engaging in criminal wrongdoing.
School
School officials do not need a warrant to search a student under their care. The search may become illegal if it becomes unreasonable.
Do you think law enforcement engaged in unreasonable or illegal behavior? You deserve to know and protect your rights.
