The Fourth Amendment of the United States Constitution protects citizens from unwarranted search and seizure. But there are parameters to this rule, especially from a criminal law perspective. To better understand search and seizure, as well as your constitutional rights, below are answers to some of the more commonly asked questions on this complex subject.

Answers to Common Questions About Search & Seizure

What is a search warrant?

A search warrant is a legal order authorized by a judge. It allows law enforcement to search specific property where evidence of a criminal law infraction may be present. In order to obtain a search warrant, the police need to satisfactorily prove to the courts that there is probable cause to believe that criminal evidence exists on the property.

Where can police search and what can they seize?

Police can only search the specific area stipulated in the warrant. They cannot search another location unless they are protecting others from harm or safeguarding evidence from being destroyed. Items outlined in the warrant that is potential evidence of criminal wrongdoing can be seized. If other items of possible evidence are in clear view during the search, those items can legally be seized as well.

Is a warrant required for every search?

In criminal law, a warrant is not needed for police to conduct a search. This includes if a suspect consents to a search, if there are items of evidence in plain view or in danger of destruction, or if police are looking to remove potential weapons from a suspect's surroundings during an arrest. If an officer has probable cause to believe there are illegal items in a suspect's vehicle, the car can be searched as well.

If my car is towed, can the police search it?

No matter the reason for the car's impounding, police can search it if they have probable cause to believe there is contraband in the vehicle. Keep in mind, however, that they cannot tow a car just to search it. There needs to be a valid legal reason for the impounding, and they must follow standard search protocol at all times.

Criminal law attorney Jeremy N. Weingast of Weingast Law has more than 35 years of experience serving the Hartford County, CT, area. He also offers representation in family law and personal injury cases. If you've been subjected to an unwarranted search and seizure, know your legal options. Call (860) 233-1440 or visit their website to schedule a consultation with a criminal law attorney today.