Introduction to Search and Seizure Law

Search and seizure laws are based upon the Fourth Amendment of the United States constitution. The fourth amendment protects the right of people to be secure against unreasonable search and seizure. It also states that an official warrant must be issued in order to violate a person’s privacy. Constitutional rights are very important in the United States, and the courts will go to great lengths to ensure that every citizen has their rights protected. It is also the job of the criminal defense lawyer to protect their clients rights.

The Police

Unfortunately, law enforcement does not always respect the rights of the individual and they will often perform illegal searches when they suspect someone of a crime. In New York, the Fourth Amendment prevents the police from performing searches, making arrests or taking property unless certain conditions occur. If they violate these rules, all of the evidence they gain may be inadmissable to the case. This is a very important rule because it ensures that the police cannot invade other people’s privacy without being penalized. If you feel you have been subject to an unreasonable search, you should immediately contact your criminal attorney and let them know.

Lawful Searches

The police will still be able to make searches, but only when it is deemed ‘reasonable’ in the eyes of the law. This means that under certain conditions, the law finds it more important to make a small intrusion on someone’s privacy to protect the interests of society. As a result, your home, computer, papers and even your body may be searched by a police officer.

The most common condition for a search is called a ‘search warrant’. This is a legal document given to the police by the District Attorney that allows them to search a specific place to find evidence of a crime. To get a search warrant, the police must request one from the District Attorney and give a very good reason why they believe important evidence can be found in a specific location.

The police may also make lawful searches when the circumstances justify immediately making a search. Examples could include a reasonable belief the subject has a dangerous weapon, or a reasonable suspicion that an individual has just committed a crime and is fleeing the scene.

When You Aren’t Protect

The Fourth Amendment only protects those who should be able to expect privacy. If you are sitting in your home, it is safe to assume that the police cannot enter the premises and search the rooms without a warrant. However, if the evidence were somehow visible to the public, then it would be reasonable for the police to make a search without violating any rights.

To determine if someone is able to expect privacy, the courts use two basic criteria:

1. Did the person actually expect privacy?
2. Does society see it as a violation of privacy?

If most people would consider it a violation, then it is likely that all evidence found as a result would not be allowed in court. Many criminal lawyers successfully defend drug charges by suppressing evidence before it even reaches the jury.