When Facing Tough Times

Was A Search Of Your Home Or Car Legal?

On Behalf of | Dec 18, 2020 | Dec 18, 2020, Firm News |

Knowing your rights is an important part of living in the United States. Familiarizing yourself with your rights and protections can help you avoid tough situations and trouble in many different situations. One of these rights is a certain right to privacy, which can include protection from searches of your property by police.

The Fourth Amendment protects you from these unreasonable searches and seizures by the government and police. But what does “unreasonable” mean in this context? Under certain conditions, police officers are legally allowed to search your home or car.

When Can The Police Legally Search My Property?

There are several conditions where the police are allowed to search your property, including your home or car, such as:

  • When they have a warrant signed by a judge – the warrant will outline where and what the police are supposed to search for
  • Emergency situations – if the police believe there are serious circumstances that threaten public or personal safety, they can be allowed to perform a search without a warrant
  • Plain-view sight – parts of your car or home that are visible to the public, such as from the sidewalk through a window, are not protected from search and seizure if illegal materials are in view
  • When you give consent – you may verbally consent to a search by inviting police officers into your home or car where they can then seize evidence that’s in view

Being aware of your rights and protections under the Constitution is important. The police and government may not violate your rights, but the above situations may be considered exceptions in order to protect the public and uphold the law. However, police misconduct should not be tolerated, especially when it leads to unfair criminal charges.