Your rights during a drug-related police search are protected by constitutional laws designed to preserve individual rights and freedoms. It is important to understand your rights and the grounds needed for law enforcement to conduct a search lawfully. If you are facing drug charges or believe your rights have been violated enlist the help of an experienced New City drug possession crime defense attorney.
When Are the Police Authorized to Search for Drugs?
Under the U.S. Constitution’s Fourth Amendment, no one can be subjected to searches or seizures unless a warrant is issued due to probable cause. While there are other ways for searches to be legally conducted without the use of a warrant, the main way that drug searches are conducted is with approval from a judge or magistrate. If there is probable cause that shows a crime was committed then law enforcement can be given the right to search a specific premise to collect evidence or make an arrest.
Other ways that police can be authorized to search for drugs include the following.
- With the individual’s consent: Often, especially during a traffic stop, a police officer will ask an individual if they mind if they take a look around the property. While it is a person’s protected right to say no, if they agree to the search it is considered legal. They must agree voluntarily and without coercion.
- Where there is no reasonable expectation of privacy: A person has a reasonable expectation of privacy when they are in their bedroom or while carrying their purse. However, when items are left in a trash can or in the front yard it is unrealistic to assume that those items would be kept private. They are easily visible and accessible, so if police find evidence of a drug crime in an area with no reasonable expectation of privacy they can seize the evidence.
- When evidence is in plain sight: Similarly if evidence is located in plain view of a passerby or other person, the police may be allowed to conduct a legal search and seizure. If drugs were left out in a car and can be seen through the window it gives a police officer enough reason to conduct a search.
- During a stop and frisk: Law enforcement has the right to pat down individuals during a stop and frisk to ensure that they are unarmed. Any evidence discovered during the process is legally admissible.
- Under exigent circumstances: There may be several reasons that police officers can conduct a search without a warrant during an emergency. If the suspect is planning to flee or destroy evidence or the public’s safety is at risk, a search and arrest can be made without having a warrant.
It is important to obtain representation during your drug case. Speak with a skilled attorney for more information.