Searches are utilized all the time by law enforcement. In some cases, these involve searching a person, their vehicle or their home residence.
Whatever or whoever is being searched, the principles of the Fourth Amendment apply. All citizens are protected from unlawful searches and seizures. What are the prerequisites for a lawful search of your home?
When a warrant is produced
A search warrant is one of the most common prerequisites for a lawful search of property. The warrant should be signed by a magistrate, it should be dated and it should specify the correct address. If items are to be seized, then these should be named in the warrant. For example, the warrant may say something like “all electronic devices are to be seized”.
If the police have a valid search warrant, then they have a legal right to enter the named property without interference from the owner.
When the owner consents
An officer can also conduct a lawful search when they are given consent to come in by the property owner. The consent could be express. For instance, the owner may say, “Sure, come in and take a look around”. However, consent may also be implied. For example, if the owner leaves the door open and walks away when the police knock.
Exigent circumstances
There are some conditions where officers may conduct a lawful search without a warrant or consent. If officers suspect that there is an immediate danger to someone’s life or that a criminal offense is being committed, they may enter the property. These are exigent circumstances. Other examples of exigent circumstances include:
- When evidence is being destroyed
- When a suspect is being hidden
- When a suspect is fleeing
If you have been charged based on a search, it’s important to make sure that search was lawful. Seek legal guidance to protect your rights.