The Fourth Amendment to the United States Constitution protects you from any unlawful searches and seizures. In layman’s terms, this means that the authorities are prohibited from looking through or taking your private belongings without due cause. Generally, law enforcement officials must obtain a search warrant from a judge before searching your vehicle or home. There are, however, exceptions to this requirement.
When someone is accused of a crime, it is often hard to determine the best next steps to take. Below is some basic information so you can have some understanding of what your rights are under the law.
Search Warrants Explained
A search warrant is a legal document—essentially a court order—signed by a judge that permits police officers to search for particular materials or objects at a specific location. Law enforcement obtains search warrants by convincing a magistrate judge that there is probable cause to believe that evidence of a crime may be found at the specified location or that criminal activity is happening at the place to be searched. Generally, law enforcement provides the magistrate with affidavits–information regarding written statements under oath that detail the observations of private citizens or police informants or the officer’s observations. If the judge believes that the affidavit(s) establish probable cause to conduct a search, then they will sign and issue a search warrant. The suspect in question who is connected to the location to be searched is not present at the time the warrant is issued. As a result, probable cause cannot be disputed at the time, however, he or she can later challenge the validity of the warrant and any evidence that arises from its execution.
When Warrantless Searches are Allowed
There are times when law enforcement can search through your private belongings in specific scenarios including:
- When you grant permission—if you give law enforcement permission to conduct a search, no warrant is needed. You are not under any obligation, however, to provide consent. Even consensual searches can be controversial if it is unclear who is authorized to give consent to a search of a home or vehicle.
- In emergencies—when authorities have probable cause to believe that valuable evidence is about to be destroyed or that a person is in danger. In such situations, law enforcement may be able to enter and search an area without a warrant and even without consent.
- Searches made during arrests—when someone is placed under arrest, law enforcement has the legal right to search for any contraband items or weapons. If a person is arrested while driving, officers can also search the interior of the vehicle. If authorities have probable cause to suspect that illegal items are in the vehicle, they can conduct a full search of the car including the trunk, glove compartment, and other parts.
- Under the “plain view” doctrine—any evidence that is in plain view can be seized by law enforcement during a legal visit to the premises without the need for a warrant or consent to obtain those items.
Contact Our Las Vegas Lawyers
If you have a pressing legal question, contact the Las Vegas attorneys at H&P Law. We have the skill and experience to help you navigate your legal situation. Contact us today for your initial case evaluation.
