Tucson Criminal Defense Attorney One of the most common ways that police justify searches of suspects is "consent" to search. Due to the Fourth Amendment to the United States Constitution, we have a right to be free from unreasonable searches. This does not mean, of course, that no searches by police are lawful. A search that is supported by a search warrant will typically be upheld. Under certain circumstances, police can search a person with probable cause - facts which would lead a reasonable person to believe that criminal activity is afoot. Searches justified by consent, however, do not require ANY evidence. If a suspect allows police to search them, they are more or less waiving their right to be free from that search and seizure. It is very important that individuals know that they have rights, and be able to assert them. Simply put, DO NOT CONSENT TO SEARCHES. You have important privacy rights and no legal obligation to give them up. Of course, this may be easier said than done. More about when police can search you, your car, and your home. More about challenging unlawful searches Police officers are trained to take command of situations, and control other people with their show of authority. This includes getting people to give up their rights, including a right against unreasonable searches and seizures. Using phrases like "you don't mind if I take a look" or "I need you to come with me" gets people feeling as if they have no other choice. If a stranger without the legal authority of a law enforcement officer were to ask the average person if they could look in the trunk of car, most people would be able to quickly and firmly say "no" - not so in the context of police. Consent to Search a Home or Apartment Searches of homes without a warrant are presumed unreasonable. This means that unless police obtained prior authorization from a judge or magistrate (warrant), they will have to justify a search of a home on other very limited grounds. Merely having probable cause of criminal activity is not enough to search a home. Certain emergency exceptions do exist to the warrant requirement for home searches, but one of the most common justifications for a search of a home is consent. Consent to search a home can be given to police by any occupant with apparent authority to do so. In the case of roommates, a roommate can give consent to search common areas and their own areas, but probably not able to consent to the search of another person's room. (NOTE: Police will typically do a "protective sweep" of any house where they are searching and will enter every room to check for additional people present. Consent to Search a Vehicle We enjoy lessened protections from searches in our cars. This is because we have a lessened expectation of privacy - one of the benchmark tests for Fourth Amendment rights. Warrantless car searches are common place, and can be supported by probable cause and a much broader category of exceptions than with home searches. Still, consent searches of vehicles are very common. Additionally, certain acts - such as being pulled over or having a drug sniffing dog check your vehicle require even less justification, as they are not considered searches. The Fourth Amendment of the U.S. Constitution provides that “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.” The ultimate goal of this provision is to protect people’s right to privacy and freedom from unreasonable intrusions by the government. However, the Fourth Amendment does not guarantee protection from all searches and seizures, but only those done by the government and deemed unreasonable under the law. If you or a loved one has been arrested or charged with a crime, particularly if that arrest involved a questionable search, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer. 520-585-5757.
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November 2024
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