What would you do if you were cooking dinner and heard a knock on the door and saw police officers on the side when you checked? Many people haven’t thought about this, but the day may come when you face this situation.
A home search is often a step in a criminal investigation. The Fourth Amendment protects people from unreasonable searches and seizures. Search warrants are one way that this protection is upheld.
What should a search warrant include?
A search warrant must usually be based on probable cause, which means that there should be facts showing that there is a fair probability that evidence of a crime will be found at the location to be searched. The search warrant would describe the location and the items that are being looked for. Additionally, there should be specific details to limit the search.
The wording of the warrant matters considerably. For example, if a large item is what police officers are looking for, they wouldn’t be able to open small containers that the item couldn’t fit in.
What are the exceptions for police needing a search warrant?
Police officers don’t always need a warrant, but the times when one isn’t necessary are limited. For example, the officer can search your home if you give them permission to do so. They can search in situations that are considered emergencies, if there’s a safety concern that could be mitigated by the search or if it’s connected to a lawful arrest.
Another exception is when the officer can see illegal items in plain view. For example, if they see stolen items on a coffee table that’s visible from the window next to the front door. In order for this exception to be valid, the officer must be located somewhere that they’re legally allowed to be.
Improper searches and seizures can become part of a defense strategy. Anyone facing this situation should ensure they work with someone who’s familiar with these matters.