

Lawful Searches Through A Microscope


Law is one of those topics that tends to put people to sleep quite quickly. Not a soul likes to sit in a court room and listen to judges and lawyers spout back and forth about their findings and what case law causes them to be sighted. (Unless we are speaking about Johnny Depp, that was one interesting court case.)
No, generally Law is not a fun topic, but getting insight into the simple laws that protect your rights as a citizen can cause you far less heartache in the long run.
Let us begin with the simple thing, searches. Do citizens have the right to protect themselves from unlawful searches and seizures, yes. The fourth amendment gives YOU the right to deny any search that is not warranted or within legal bounds. DO not let that badge fool you, most Law Enforcement Officers (LEO) do not have the authority they believe they do. In most cases a good LEO will not attempt to put you in a situation that causes you to step out of your rights and allow a search that is unwarranted, but let's be honest, there are LEOs that will, and most of the time they are in the career for the wrong reasons.
Your Fourth Amendment rights protect you. This Amendment protects citizens from unreasonable searches and seizures. This means that if a LEO attempts to conduct a search of your property or person without probable cause to believe a crime has been committed, goes against your rights.
How do I protect myself?
Very simple, education. Without an educated interaction with a LEO, you could put yourself in a situation you are unable to back out of. LEOs can lie to you, they can lie about what they saw you doing and even the evidence they have obtained. Do not fall for it. If you are put in a situation where a LEO is asking you any sort of incriminating questions ensure your Miranda has been read. These few lines could save you from unlawfully gained access to your property and even your person. For example, the vehicle exception (U.S. v. Ross). The vehicle exception basically states a LEO has the right to search your readily mobile vehicle AFTER probable cause has been developed, due to the possibility of destruction of evidence. Note the words probable cause. This means that the LEO has to have developed some evidence of a crime, or can articulate reason to believe a crime has been or will be committed. An example of this could be the odor of marijuana or even fitting the description of a person or vehicle leaving the seen of a crime that has been committed. How could you know if probable cause has been developed? Easy, if the LEO asks you for consent to search your vehicle, they don't have enough evidence. Seriously, just say no. They have already taken a chunk of your time out of your day, don't let them continue an unfounded investigation. Along with that, understand you have the right to terminate a consented search at any point in time. The biggest thing to know about a traffic stop, is you DO have to provide identification. This is not for purposes outside of identifying the citizen as a licensed driver and ensuring all operation of the vehicle is legal. The passenger's DO NOT have to provide identification, unless probable cause is developed to believe a passenger has committed a crime. For example, a passenger will have to provide ID if they are found to match the description of a person with a warrant or even if they are not wearing a seatbelt.
When it comes to your home, pretty much in every instance a LEO either has to be given permission to enter, or has to have a warrant signed by a judge. Pay close attention to the wording on the warrant as well. For example, if the warrant states that the bedroom and all contents can be searched due to probable cause, a LEO has no legal right to conduct a search of anywhere else on the property. This all changes if a person has a warrant for their arrest. If a person has a warrant for their arrest, it means that probable cause has already been developed and sent to a judge. LEOs have the right to enter the home for most felony warrants if the person has been identified in the residence. This still does not give them the right to search any property NOT belonging to the person in the aforementioned warrant. For example, if a tenant of an apartment building has a warrant LEOs do not have the right to search the entire property. This type of search is called a search incident to arrest.
I hope this shorth article provided a bit of insight into your rights as a citizen, and possibly helps you avoid putting yourself in a position to be taken advantage of.