The police may request to search your vehicle or home. An investigation like this may relate to a possible crime that was reported, such as drug use, manufacturing or trafficking. If their investigation is successful, you could face serious criminal charges, such as misdemeanor or felony conviction depending on the type of evidence collected. This is true even if someone left drugs behind without your knowledge. These types of charges can lead to incarceration and fines in the event of a conviction.
Did you know that you can potentially prevent the police from conducting a search under certain circumstances, minimizing your risk of a situation like the one described above? These are the basics of what you should know.
Protections under the Fourth Amendment
The Fourth Amendment protects people from unreasonable search and seizure. In other words, the police do not have the right to search a house or vehicle for just any reason. This includes entering a business or confiscating a vehicle or backpack without a valid reason.
With that said, there are a few legal ways the police can conduct a legal search, including the following:
- Permission to search: The police may have been given permission to conduct a search by the owner of a vehicle or home.
- Search warrant: The police may acquire a search warrant from a judge. This search warrant permits the police to search a vehicle or home under specific guidelines.
- Legal arrest: The police could conduct a search if they made a lawful arrest of a suspect who committed a crime.
- Plain view: The police may find evidence that is in plain view, such as drugs, that could lead to a search and seizure.
- Probable cause: The police may conduct a search if there are circumstances to believe a crime was committed.
If asked to search a home or vehicle, you’ll want to consider your options carefully. Permitting the police to search your residence or car could unknowingly lead to criminal charges, but resisting a lawful search could potentially endanger your safety.
Regardless, it’s important to understand that evidence collected through an illegal search and seizure may become inadmissible in court. As a result, if you are arrested due to evidence found during a search, you’ll want to seek legal guidance as soon as you can to determine the best way forward.