One of the powers that law enforcement has is to conduct searches. This helps police officers gather evidence and prevent crime.
Nonetheless, searches are subject to strict legal protocols that are outlined in the Fourth Amendment of the U.S. Constitution. Police officers should not overstep boundaries and unnecessarily interfere with the privacy of individuals.
When might a search be unlawful?
Warrantless property searches
During the course of their investigation, the police may want to search properties. This could be a business address or a home residence. Usually, they need a valid warrant before they can enter. The only exceptions to this are if the owner consents to the property search or if there is a clear and ongoing emergency.
If the police present evidence that was gathered in a warrantless search, then it may be deemed inadmissible in court.
Improper vehicle searches
Another tactic that officers use is to pull vehicles over and search them. You can only be pulled over if the police have a reasonable suspicion that a criminal offense has been committed.
For a vehicle search, the evidential standard is even higher. Before searching a vehicle, officers must have consent from the owner or probable cause that a criminal offense has been committed. Probable cause is much more than a hunch. There must be compelling evidence such as drug paraphernalia being clearly visible through the windows.
Unjustified stop-and-frisk
It is legal for police officers to conduct stop-and-frisks in California, but only in certain circumstances. Officers must have reasonable suspicion that the individual is involved in criminal activities. People cannot be stopped at random or stopped due to discriminatory reasons such as race.
If you have been charged, you may be entitled to challenge the legality of a search. Seeking legal guidance can help you to do this.