Call us now:
Warrantless search and seizure of evidence
All the activities of normal life we all enjoy come with a level of freedom which can be taken for granted. We drive, walk, use a cell phone, frequent businesses, and enjoy our property and never think for a moment that a police officer or some other law enforcement agent will search us, seize us, or detain us in any way. But every once in a while you can get a rude awakening and realize that the police can instantaneously transform your quiet enjoyment into a stressful and intimidating lesson in governmental power. What protects you and I from being bullied and harassed more frequently is the 4th Amendment of the Constitution, and everyone should learn about warrantless search and seizures to maintain the boundary between free citizens and subjugated peoples.
Understanding your rights and protections during searches and seizures can help ensure that law enforcement officers act within the law and that your rights are protected. Keep reading to learn more about your Fourth Amendment rights, and be prepared if you ever find yourself in such a situation. First you need to know the basic concepts of Warrantless Search and Seizure which helps you be more alert to the dangers we face when we go about interacting with the police.
When is a Search Warrant Needed
Before conducting a search and seizure, law enforcement officers need a search warrant unless certain exceptions apply. A search warrant is a legal document that authorizes law enforcement officers to conduct a search or seizure. A judge issues these warrants after showing probable cause of the arrestee’s criminal activity. Warrantless searches may lead to the exclusion of evidence, so law enforcement must obtain a warrant, where possible, absent a valid exception. It must be issued by a judge and include the exact location to be searched and the items to be seized. Once it is acquired it must be executed properly, then a search warrant return must be executed as well.
The Fourth Amendment of the U.S. Constitution states:
“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.”
Search And Seizure Cases
The laws governing search and seizure in criminal cases are extremely important since many crimes hinge upon some crucial piece or pieces of evidence (weapons or records), or constitute the crime itself in the case of drugs. If there is some indication the government acquired its evidence unlawfully (in violation of the Constitution) it is possible to challenge its admissibility, and if successful can change the entire case. These kinds of issues are handled as pretrial hearings, which consists of having witnesses present and the state and defense will be able to cross examine witnesses and present evidence.
When a Search Warrant Isn’t Needed
Exceptions to the Warrant Requirement
The Supreme Court has identified six narrow exceptions where a warrantless search is reasonable and will not result in the exclusion of evidence obtained therein. First you can get a general idea of each concept listed, then Ill proceed to briefly explain each one. Remember that this is just a cursory overview, and each warrantless search exception has its own body of law which can be crucial to understanding the application of each. These areas include:
Exigent Circumstances
Law enforcement often responds to emergencies that may threaten public safety. In such situations, it is impractical to submit a warrant application where the delay could lead to substantial bodily harm, death, or destruction of evidence.
The Plain View Exception
In the course of their daily duties, police officers may observe contraband in plain view. The Supreme Court of the United States found that when evidence is in sight of law enforcement officers who are lawfully present, they may search or seize the contraband without a warrant. Police officers executing a valid arrest warrant may also seize evidence of other crimes they observe in plain view.
Search Incident to a Lawful Arrest
The Supreme Court has ruled it is reasonable for officers to search an arrestee to ensure officer safety from concealed weapons and prevent evidence destruction. This search incident to arrest extends to the arrestee’s wingspan, which the Court clarified in Chimel v. California to mean the area within the arrestee’s immediate control. This concept has some interesting results in Florida based on some recent DCA holdings.
Terry Stops – brief detention involving pat down for weapons when officer can articulate suspect is armed or dangerous and there is reasonable suspicion of criminal activity. The Court held that this limited stop and frisk for weapons was reasonable to ensure officer safety. Florida has also made a statutory version of this concept called stop and frisk. Fl. St. 901.151.
Consent Searches
Criminal suspects can voluntarily waive their Fourth Amendment rights and consent to a search of their person or property without a warrant. However, it is common that more than one person may reside at the suspect’s home, so issues have arisen regarding who can validly consent to a search in a shared property. Also important to note, consent searches may be limited in scope by the officer or the suspect. For example – you can only search for firearms, means an officer should not be opening pill bottles, since they cannot contain a firearm.
The Automobile Exception to Warrantless Search and Seizure
The Court has found a lesser expectation of privacy on the roads where police may conduct traffic stops or roadside checkpoints if they have a reasonable suspicion of a crime occurring.
For example, police may stop a speeding driver in a school zone, which typically has lower speed limits, to ensure the safety of minor children. Upon stopping a speeding driver, police may develop probable cause that the driver is driving under the influence if they smell alcohol or marijuana or see an open liquor bottle in plain view. In this case, the police can search the motor vehicle’s interior and seize any contraband found.
The Special Needs Doctrine
There are a few exceptions where the Court recognizes the government’s interest in public safety is more important than one’s privacy. This extends beyond the normal purposes of law enforcement and may also apply to national security. This concept is a type of Warrantless Search and Seizure that doesn’t fit into the categories described above. Examples where the special needs doctrine may apply include searches conducted at:
In order to balance between the government’s need to prosecute crime, and the citizens right to privacy, the Courts have established the fruit of the poisonous tree doctrine, which is designed to prevent law enforcement from violating the Constitution and benefiting from that violation. Simply put, any evidence which is derived from illegal police conduct may not be used in the subsequent prosecution, which acts as a deterrent to the police from violating citizens rights.
What To Do If You’re Arrested After An Illegal Search And Seizure
If you’re arrested after an unlawful search and seizure in Florida, it’s important that you take immediate action to protect your rights. Here are important steps to follow:
Do you Need Help Due to a Warrantless Search and Seizure
If you have had a run in with the police and you need help, call Matt Landsman, Board Certified Criminal Trial Lawyer. He has handled hundreds of warrantless search and seizure cases and issues and can help you today. Find more information about motions to suppress here, or check out relevant blog entries here.
Have you been accused of a crime and did it involve a warrantless Search and seizure in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.