Search and seizure is a legal term that pertains to a law enforcement officer’s examination of an individual’s home, vehicle, person, or business to find evidence of a crime.
Due to the Fourth Amendment, you have the right to privacy, including prohibiting unreasonable searches and seizures.
As a result, you can refuse a search of your person (including a purse or clothing) or your property if there is no probable cause or a valid search or arrest warrant. If a search or seizure is found illegal, the items seized may not be entered into evidence in a criminal case.
What are the police allowed to search and seize?
In general, law enforcement is only allowed to search the area or areas listed in the search warrant. So if they have a search warrant for your home, they can not also search your car.
That said, officers can look outside the warrant’s scope and seize items in plain sight. Law enforcement can also take action to prevent evidence from being destroyed.
Additionally, law enforcement also has some search and seizure rights when you’re arrested.
For instance, if you’re arrested in your house, law enforcement can conduct a limited search of the immediate area where you were arrested and seize any evidence of a crime that’s in plain sight. Additionally, officers may search the rest of the home for accomplices.
If you’re arrested while driving, law enforcement may conduct a limited search of your vehicle for weapons that can be used against them.
Lastly, a warrantless search could be lawful if:
- The items are in plain sight
- An officer is given consent to search
- A third party provides consent (like a landlord)
Additionally, officers may be able to search without a warrant in some cases during lawful traffic stops, including highway sobriety checkpoints.
Also, school officials can search a student under their authority without a warrant if there are reasonable circumstances.
However, even if officers have a search or arrest warrant, you do not have to answer questions.
