The Fourth Amendment of the U.S. Constitution protects everyone in the country from unlawful search and seizure. Under this law, officers must have probable cause to search a person or their property and seize any of that property. Because an arrest is a seizure of a person, law enforcement must also have probable cause to make an arrest. Once a law enforcement officer or other government official has probable cause, they must then obtain a search warrant.
Unfortunately, the Fourth Amendment does not clearly define probable cause. The issue has been debated largely in state and federal courts and probable cause is loosely defined as having reason to believe:
- A person has committed a criminal offense and is also the subject of a warrant, or
- There is evidence that a crime allegedly occurred at a certain location and that location needs to be searched.
It is important to note that there are instances when there are exceptions to the warrant requirements and a search could be considered lawful even when the above does not apply.
In addition to following proper procedure and obtaining a warrant for a search, warrants must also include certain information. When obtaining a warrant, police officers must state under oath:
- The person or property to be searched or seized
- The location of the search or seizure
- Reasons for probable cause, which outlines the reasons an officer believes a crime was committed or is being committed
When a warrant does not include the above information, there may be a violation of the search and seizure rights of the person.
Over the years, the courts have provided certain exceptions to the requirements for a warrant. These exceptions allow law enforcement officers to seize property without first obtaining a warrant. The exceptions are as follows:
- Searching a person while they are being arrested
- Searching property when the occupant or owner has consented to a search
- Seizing property that is in plain view, such as an open bottle of alcohol, as the police officer did not have to conduct a search
- Searches of government offices, public schools, and prisons
- A search of a vehicle if there are safety concerns for the officer
If you believe your rights have been violated, our California illegal search and seizure lawyers at Burris, Nisenbaum, Curry & Lacy can help you seek justice. Call us now at 510-839-5200 or contact us online to schedule a consultation and learn more about your legal options.
Our Offices
Oakland, CA 94621 Ph: (510) 839-5200
Beverly Hills, CA 90212 Ph: (310) 601-7070
Our Offices
Oakland, CA 94621 Ph: (510) 839-5200
Beverly Hills, CA 90212 Ph: (310) 601-7070
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