Search WarrantsSearch WarrantsAnd My Right To PrivacyAnd My Right To Privacy

How Much Privacy Do You Have?How Much Privacy Do You Have?

What Is A Search Warrant?What Is A Search Warrant?

A search warrant is A search warrant is an order signed by a an order signed by a judge that authorizes judge that authorizes police officers to police officers to search for specific search for specific objects or materials at objects or materials at a definite location at a a definite location at a specified time. specified time.

For Example,For Example, A warrant may authorize the search of "the premises at A warrant may authorize the search of "the premises at

11359 Happy Glade Avenue between the hours of 8 11359 Happy Glade Avenue between the hours of 8 A.M. to 6 P.M." and direct the police to search for and A.M. to 6 P.M." and direct the police to search for and seize "cash, betting slips, record books, and every other seize "cash, betting slips, record books, and every other means used in connection with placing bets on horses."means used in connection with placing bets on horses."

How Do Police Obtain How Do Police Obtain Search Warrants?Search Warrants?

Police officers obtain search warrants by Police officers obtain search warrants by convincing a judge that they have "convincing a judge that they have "probable probable causecause" to believe that criminal activity is " to believe that criminal activity is occurring at the place to be searched or that occurring at the place to be searched or that evidence of a crime may be found there. evidence of a crime may be found there. Usually, the police provide the judge with Usually, the police provide the judge with information in the form of written statements information in the form of written statements under oath, called "under oath, called "affidavitsaffidavits," which report ," which report either their own observations or those of private either their own observations or those of private citizens or police undercover informants. citizens or police undercover informants.

Can A Person Contest A Search?Can A Person Contest A Search?

The suspect cannot The suspect cannot contest the issue of contest the issue of probable cause at the probable cause at the time of the search. time of the search. However, the suspect However, the suspect can later challenge can later challenge the validity of the the validity of the warrant before trial. warrant before trial.

What Can Police Search for and What Can Police Search for and Seize Under a Warrant?Seize Under a Warrant?

The police can search only the place The police can search only the place described in a warrant and usually can described in a warrant and usually can seize only the property that the warrant seize only the property that the warrant describes. describes.

The police cannot search a house if the The police cannot search a house if the warrant specifies the backyard, nor can warrant specifies the backyard, nor can they search for weapons if the warrant they search for weapons if the warrant specifies marijuana plants. specifies marijuana plants.

What Can Police Search for and What Can Police Search for and Seize Under a Warrant?Seize Under a Warrant?

However, this does not mean that police However, this does not mean that police officers can seize only those items listed in officers can seize only those items listed in the warrant. the warrant.

If, in the course of their search, police If, in the course of their search, police officers come across contraband or officers come across contraband or evidence of a crime that is not listed in the evidence of a crime that is not listed in the warrant, they can lawfully seize the warrant, they can lawfully seize the unlisted items. unlisted items.

When Search Warrants When Search Warrants Are Not RequiredAre Not Required

Consent SearchConsent Search Police officers do not have to warn people Police officers do not have to warn people

that they have a right to refuse consent to a that they have a right to refuse consent to a search. search.

Many disputes about consent have to do with Many disputes about consent have to do with who has the right to consent who has the right to consent

The Plain View DoctrineThe Plain View Doctrine An item of contraband in plain view of the An item of contraband in plain view of the

searching officersearching officer

When Search Warrants When Search Warrants Are Not RequiredAre Not Required

Search Made in Connection With an ArrestSearch Made in Connection With an Arrest

““Incident to an arrestIncident to an arrest" "

Police can also make a "Police can also make a "protective sweepprotective sweep""

When Search Warrants When Search Warrants Are Not RequiredAre Not Required

The Emergency Exception The Emergency Exception

An officer checks an injured motorist for possible An officer checks an injured motorist for possible injuries following a collision and finds illegal drugs. injuries following a collision and finds illegal drugs.

Following a street drug arrest, an officer enters the Following a street drug arrest, an officer enters the house after the suspect shouts into the house, "Eddie, house after the suspect shouts into the house, "Eddie, quick, flush it!" The officer arrests Eddie and seizes quick, flush it!" The officer arrests Eddie and seizes the stash. the stash.

A police officer on routine patrol hears shouts and A police officer on routine patrol hears shouts and screams coming from a residence, rushes in, and screams coming from a residence, rushes in, and arrests a suspect for spousal abuse. arrests a suspect for spousal abuse.

Allowing Police to Make a Allowing Police to Make a Warrantless Search Warrantless Search

A search warrant is not always legally A search warrant is not always legally necessary, and a police officer may have necessary, and a police officer may have information of which a person is unaware. information of which a person is unaware.

If an officer announces an intention to enter a If an officer announces an intention to enter a home or building without a warrant, a person home or building without a warrant, a person should not risk injury or a separate charge of should not risk injury or a separate charge of "interfering with a police officer." "interfering with a police officer."

At the same time, the person should make it At the same time, the person should make it clear that he or she does not consent to the clear that he or she does not consent to the search. search.

Searches of Cars and Searches of Cars and Their Occupants Their Occupants

Cars may be Cars may be searched without a searched without a warrant whenever the warrant whenever the car has been validly car has been validly stopped and the stopped and the police have probable police have probable cause to believe the cause to believe the car contains car contains contraband or contraband or evidence. evidence.

Searches of Cars and Searches of Cars and Their OccupantsTheir Occupants

While a police officer While a police officer cannot search a car cannot search a car simply because the simply because the car was stopped for a car was stopped for a traffic infraction, the traffic infraction, the police can order the police can order the driver and any driver and any passengers out of the passengers out of the car for safety car for safety considerations. considerations.

Searches of Cars and Searches of Cars and Their OccupantsTheir Occupants

The police also can The police also can "frisk" the occupants "frisk" the occupants for weapons if the for weapons if the officers have a officers have a "reasonable "reasonable suspicion" that the suspicion" that the occupants are occupants are involved in criminal involved in criminal activity and are activity and are reasonably concerned reasonably concerned for their safety. for their safety.

An ExampleAn Example

An ExampleAn Example