What is the Fourth Amendment? What is a search warrant? What constitutes a valid search warrant? Where can police search and what can they seize under a warrant? Can police conduct a search without a search warrant? Is it lawful for an officer to pat me down without a warrant? What recourse do I have if a search was conducted unlawfully? The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures by law enforcement officers.
A search and seizure is considered unreasonable if it is conducted by police without a valid search warrant, and does not fall under an exception to the warrant requirement.
A judge issues a search warrant to authorize law enforcement officers to search a particular location and seize specific items. To obtain a search warrant, police must show probable cause that a crime was committed and that items connected to the crime are likely to be found in the place specified by the warrant.
A valid search warrant must meet four requirements: 1 the warrant must be filed in good faith by a law enforcement officer; 2 the warrant must be based on reliable information showing probable cause to search; 3 the warrant must be issued by a neutral and detached magistrate; and 4 the warrant must state specifically the place to be searched and the items to be seized.
Police may only search the particular area and seize the specific items called for in the search warrant. Police may search outside the scope of the warrant only if they are protecting their safety or the safety of others, or if they are acting to prevent the destruction of evidence.
Police may seize objects not specified in the warrant only if they are in plain view during the course of the search. Under some circumstances, police are authorized to conduct a search without first obtaining a search warrant.
Common exceptions to the warrant requirement include:. A police officer may stop an individual to conduct a field interview if the officer has reasonable suspicion that criminal activity has been, is being or is about to be committed. During the field interview, the officer may conduct a pat-down search of the outer garments for weapons if the officer has a reasonable fear for his or her own safety as well as that of others.
What's happening? Misconduct Hearings Misconduct Hearings. Useful Links Useful Links. Search Warrant If the police want to search premises, they have to apply to the Magistrates' court for a search warrant.
Can the police ever enter a property without a warrant? This could include: To deal with a breach of the peace or prevent it To enforce an arrest warrant To arrest a person in connection with certain offences who they believe is in the property To recapture someone who has escaped from custody To save life To prevent serious damage to property If officers make an arrest they can also enter and search any premises where that person was during or immediately before the arrest.
What the police must do? They will explain why they want to search the property as well as the rights of the occupier.
Why do police force entry during some warrants? If officers believe that if they do not force entry the delay could hinder the search, or someone could be placed in danger, they will force entry to the property Entry can also be forced into the property if the person has refused entry to officers, they cannot communicate with the person inside, there is no one at the property, the property is unoccupied or there are other reasonable grounds.
Can the police seize cash? How to make a complaint or seek compensation for repairs. What happens if the police get the wrong address? Useful Links Find out how to contact us or find your local police station here. Related incidents Other incidents related to the information on this page:. Arrest Warrant. Rate this page 1 star poor — 3 stars excellent. Did you find the information useful? However, if probable cause does occur, such as a suspect runs away, a gunshot is heard from another room in a home, or even when an individual makes a sudden movement, a search becomes legal without a warrant.
Even with a reasonable expectation of privacy, the police can legally conduct a search without a warrant when certain exemptions apply. If an individual freely and voluntarily agrees to a search of his or her property, without being tricked or coerced into doing so, the police can search this property without a warrant.
Police do not have to inform you that you do, indeed, have the right to refuse a search. If two or more people live at the same location, usually one tenant cannot consent to a search of areas owned by another tenant.
A tenant can, however, consent to a search of the common areas of a home, such as the living room or kitchen. A landlord is prohibited from giving consent to the search of his or her tenant's private belongings, and the Supreme Court has also ruled that an individual cannot consent to the search of a house on behalf of a spouse. An employer, however, can consent to a search of a company, which includes an employee's work area, but not an employee's personal belongings.
Police officers can legally search an area and seize evidence if it is clearly visible. If the police see an illegal act occurring outside of your home, they may perform a search and seize evidence from your home without a search warrant.
The police must still have probable cause, however, that the items are indeed illegal. Police officers do not need a warrant to perform a search in connection with an arrest. If you are arrested for a crime, the police have the legal right to protect themselves by searching for weapons, evidence that could be destroyed, or accomplices to the crime.
For example, if you are arrested for drug possession, the police can search for additional drugs by searching you, your home, or your car, and any evidence found can be used against you in a court of law. This is done if the police believe a dangerous accomplice or accomplices may be hiding inside a specific location.
The police will walk through the location and can legally visually inspect places in which an accomplice may be hiding. In addition, the police can legally seize any evidence located in plain view during the sweep.
If the police feel that the time it would take to get a warrant would jeopardize public safety or lead to the loss of evidence, they can perform a search without a warrant. For example, the police can forcibly enter a home if it is probable that evidence is being destroyed, if a suspect is trying to escape, or if someone is being injured. The police officer's responsibility to preserve evidence, arrest a suspect, or protect an individual outweighs the search warrant requirement.
If the police show up at your doorstep claiming they would like to look around, you are legally allowed to refuse this request.
However, many times it is in your best interest to allow access in order to avoid injury or being charged with interfering in a police investigation. That being said, you are not required to give consent to a search without a warrant, and you should always ask the police officers for identification and an explanation as to why they are at your location. If the police do have a warrant, you can ask them to read the search warrant to you. If a search of your home or vehicle has already occurred and you are not sure if it was done legally, you should contact a criminal defense attorney and be apprised of your legal rights going forward.
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