If a member of law enforcement has evidence that a person has committed a crime then they can have the legal right to search that person, their home, their vehicle, and their other personal property. However, the Fourth Amendment to the United States Constitution protects every citizen from being unlawfully searched and having their property seized.

This leaves many people to wonder: Where is the line between legal and illegal search and seizure? If you have been charged with a crime and believe that the evidence against you was obtained during an illegal search then we urge you to immediately contact a criminal defense attorney by calling Law Office of Michael L. Fell at (949) 585-9055. Otherwise, read on to learn about the differences between legal and illegal searches.

Legal searches and seizures

A legal search is one in which the officer has a search warrant that was signed by a judge. Before getting that warrant, they must have met a number of requirements and proven several elements to the judge. It is not easy for an officer to obtain a search warrant and it is not always necessary. Under the following circumstances, an officer does not need a warrant:

• The person consented to the search.
• A vehicle was searched after the officer had probable cause that there was criminal evidence within the vehicle.
• A person was being arrested and police were searching for weapons, or they were searching for evidence that could be destroyed.
• An emergency situation has arisen in which search and seizure is necessary to protect someone from danger.
• Searches at international borders.
• Items that are in plain view during an otherwise lawful search.
• The suspect is searched in a place in which they had no reasonable expectation to their privacy.

Note that these are not the only exceptions and they are not always as simple as they seem on the surface.

Illegal searches and seizures

A police officer cannot simply search a person’s home because they want to. In fact, in 2016 Governor Brown signed a reform bill that makes it more challenging for police to conduct seizures without a warrant. The Bill requires that a person be convicted of a crime before their property that was related to said crime can be seized.

In the event a police officer obtains evidence during an illegal search and seizure, it is possible to have that evidence deemed inadmissible under what is known as the exclusionary rule. This rule applies to the entire country and essentially means that the evidence can be thrown out and not used against the defendant.

Have you been charged with a crime? Have you been searched by the police in a way you are not sure was legal? Whatever your situation is, you can talk to a criminal defense attorney during a free legal consultation by contacting Law Office of Michael L. Fell at (949) 585-9055 now.