The Fourth Amendment protects us from illegal searches and seizures. This means in order for police officers to search our vehicles or homes, they need a warrant, our permission, or reasonable cause, such as when it concerns public safety. What is interesting to note is evidence obtained during an illegal search may be suppressed and therefore not used as evidence against you. There are other aspects of the law you may not be aware of, but certainly should be.
Starting with the most basic aspect: the search warrant. When a judge believes probable cause exits with respect to illegal activity in a specific place – be it a home or business – the judge may sign a warrant permitting law enforcement agents to conduct a search of your home and/or business. The warrant is an order from the Court allowing the police an allotted amount of time to find specific activity or objects. The warrant has a set start and finish time: does not give the police an unlimited period or power to attempt to obtain items.
To be more specific, if the police have permission to search your home, the police cannot search the vehicle you have parked across the street unless you give them permission or they obtain an additional warrant to search that vehicle. In addition to this, the search must be within reason of what is being sought. For example, drugs can be hidden anywhere, so the home can be torn apart: a large work of art could only fit into large spaces even when rolled up, so a search through your underwear drawer should be objected to. However, as noted above, if the police do conduct an illegal search of the vehicle, the evidence found, in most cases, may be suppressed.
Regarding warrants, you can ask to read it or have it read to you.
There are four instances when a search can be conducted without a warrant.
If You Give Consent
You have the freedom to grant permission for your home or car to be searched. So does another person with control of the home, such as a roommate. The roommate, however, can only give permission for areas he or she has control over, such as common areas and her/his private bedroom/bathroom.
When Something is in Plain Sight
When something is in view, a police officer may be able to seize it. For example, if a person is pulled over for a DUI and there are inappropriate photos of underage kids, the photos can be seized and used against him. If there is a domestic disturbance call and an officer sees drugs on the coffee table, the same rule applies.
A Search in Accordance With an Arrest
Police officers are allowed to conduct protective sweeps in order to ensure evidence is not destroyed after the fact. For example, if you are arrested in your office for fraud, your computer can be searched and seized without a warrant. If you are arrested for arms trafficking at home, your residence can be searched for illegal weapons.
Exigent Circumstances
When public safety is at risk, such as following a high-speed chase or a robbery, police officers are allowed to obtain whatever evidence they need. While there are cases where this concept has been abused, it is within the realm of safety that your blood alcohol can be checked without having a warrant in cases involving traffic collisions, generally speaking.
Now that you know this, the question is: what do you do if the police show up to your home and want to “look around?” You will want to be of good assistance, but you also want to ensure that they know you understand your rights. For this reason, you need to see their official identification and understand what the police are looking for and why.
Make it clear you do not consent to a search and they need to be with you during the course of it, meaning you’re not comfortable with them splitting up, but they can “look around” if it’ll help them with their investigation. During this, follow them and record their actions. If you are not under arrest, you have every right to record what they are doing in your efforts to protect your rights.
