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The Fourth Amendment to the Constitution protects citizens of the United States from unlawful search and seizure. A search happens when a government official or police officer inspects a person’s body and/or property and surroundings. In most drug cases a seizure will happen after a search has taken place and drugs were found. The seizure will more often than not be the drugs found on the person’s body or property and possibly the arrest of the person found with the drugs. If a seizure is found to have taken place unlawfully, it is usually because the search that led up to it lacked probable cause. SearchesA search can only take place if there is probable cause. If a baggie or some other container of drugs is lying next to someone on the sidewalk, then no search is necessary to seize them because the drugs were in plain sight and there was no expectation of privacy. Examples of places where one can expect privacy: - The glove-box or trunk of a vehicle
- A closed drawer in one’s house
- The interior of any private property
- In one’s pockets or clothing
Examples of places where one should not expect privacy: - The passenger side seat of a vehicle
- Something in plain sight on one’s windowsill
- Something hanging out of a pocket on one’s clothes
- Anything being held in one’s hands in a public place
WarrantsA search is also deemed reasonable if the police have obtained a judge-authorized search warrant. However, most search warrants are specific to one thing. For example, the police obtain a warrant to search for illegal weapons in someone’s house and happen to find illegal drugs as they are searching. The drugs in this case would not be admissible as evidence in a court of law. Probable Cause Most searches happen as a result of a police officer having a reasonable suspicion that illegal activity is taking place. This gives the officer probable cause for a search of one’s person or property. For instance, if a police officer pulls you over for a traffic violation he has a reasonable suspicion that there is illegal activity going on simply because he witnessed you violating traffic law. This gives the police officer the right to search you or the interior of your car if he finds it necessary. Consent A legal search can also occur if the police obtain the consent of the person in control of the property. This doesn’t necessarily mean the person currently residing in the property. For example, the police wish to search the property of someone they suspect is dealing drugs out of their rented apartment. The police need only to contact and obtain the consent of the landlord or owner of the apartment building in order to conduct a legal search.
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