The Fourth Amendment to the U.S. Constitution prevents illegal searches and seizures and is one of the most fundamental rights guaranteed to Americans. Although this is a fundamental right, there are still plenty of exceptions to search and seizure laws, so it pays to understand how and when the police may search you and seize your property in accordance with the law.
The following provides an overview of search and seizure law and how it impacts your rights.
The Fourth Amendment: Search and Seizure Law
The Fourth Amendment guarantees the following rights:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The keyword to notice is "unreasonable," because while Americans are generally protected from intrusive government searches and seizures, there are many "reasonable" searches and seizures that government officers can perform without a warrant that are still on the right side of the law. Whether or not a search or seizure is considered reasonable depends largely on whether you had a right to expect privacy in the first place.
Your Expectation to Privacy
Protection from unlawful search and seizure derived from the Fourth Amendment has been held to apply only when a person has a "legitimate expectation to privacy." In other words, if you didn't expect the thing being searched to be private (perhaps it's left out in the open), then searching or seizing it is deemed reasonable and not against the law. The Supreme Court has established a two-part test to determine whether you had a legitimate expectation to privacy:
Privacy and Reasonableness in America
Since the Fourth Amendment allows reasonable searches and seizures, and because reasonableness turns on expectations of privacy, most court cases turn on whether society (a jury in this case) agrees that someone had an objectively reasonable expectation to privacy. There are no hard and fast rules, but there are some common situations:
There are many instances where some people might reasonably expect privacy where the courts have disagreed. Two prominent examples include your garbage and envelopes. Even though garbage is concealed in a bag and typically placed in a canister, courts have regularly allowed police to search through the garbage. Many people might also expect the contents of envelopes to be inherently private, but many courts have found that searches and seizures of the contents of envelopes were reasonable.
Fourth Amendment Doesn't Protect You From Private Searches and Seizures
An important distinction to note is that the Fourth Amendment protects you from the government, not from private individuals. The most common example of this is when security personnel seek to search your belongings. While the police may not be able to just rummage inside of your purse, a mall cop can. Perhaps even more shocking to most, is that if the mall cop finds illegal drugs, he or she can turn you and the drugs over to the police and the evidence is admissible. Essentially, a security guard can do what a police officer can't.
Illegally Obtained Evidence
Finally, it's worthwhile to learn what happens when a search or seizure is deemed unreasonable. What happens to the evidence that was seized?
Evidenced discovered by an illegal search and seizure is generally inadmissible in court under what is known as the "exclusionary rule." This means that even if the murder weapon was found and can conclusively establish that a suspect killed someone, if it was obtained through an illegal search and seizure, then it is generally not admissible.
There's also a related rule known as the "fruit of the poisonous tree," that says that evidence obtained through illegally obtained searches should also be excluded. This means that if the police illegally search a house and find a map of the locations of the suspect's drug stashes, the map, and the evidence at the locations, it's also inadmissible because the search was illegal.
This may seem like it allows criminals to get away with their crimes based on police mistakes, but this often isn't the case. There are a number of exceptions to these rather harsh rules (for example, if the police can prove they would have found the drug stash locations anyways), and the rules recognize that if police were allowed to use evidence obtained illegally, then there would be little incentive to abide by the rules. The framers and subsequent courts decided that it would be worth letting some criminals get away with crimes rather than have a system where the police could search people and their belongings illegally and not face any consequences.
Protect Your Fourth Amendment Rights: Meet With an Attorney
As you can see there are very important restrictions on law enforcement when it comes to searching you or your property and seizing evidence. If a search or seizure is deemed unlawful, it could lead to the removal of evidence against you, making a significant difference in your case. The key is to have a strong criminal defense attorney who fully understands search and seizure law.