We rely on the police to keep the public safe by maintaining order and enforcing the law. They are responsible for reducing crime and improving everyone’s quality of life. Unfortunately, the 2022 Gallup poll shows that just 45 percent of the citizens of the United States have confidence in the police, and only 39 percent are confident that they are trained properly to use excessive force. Part of the job of a police officer is to conduct a search to look for certain items. As a result, they may seize specific items. However, all police officers need to have reasonable proof before performing a search. If the search was unlawful and they have infringed on your rights, you can make a complaint, and any case they may have had could be dropped. Here is a short guide to different types of police searches and exceptions to the rules.
Search Warrant
In most situations, a police officer must have a search warrant before conducting a search. An officer must make a case to a judge, the judge can then decide if a search warrant should be issued or not. In situations where an officer does not yet have a warrant, they might stop someone from entering a room or residence or keep hold of possessions until the decision for the warrant has been granted or denied.
Exceptions to the Rules
When it comes to a search warrant, there are a few exceptions to the rules. For instance, they can frisk someone if they have reasonable suspicion they are dangerous and armed, and they can conduct a search if illegal activity or contraband is obvious and in plain sight.
Unlawful Search and Seizure
In some instances, an officer may ask if they can search you or your belongings; in others, they may not. Whether they ask or not, it is important to remember not to resist an officer if they do search you or your belongings. However, if you think that an unlawful search and seizure has taken place, there are legal steps you can take. You can file a formal complaint with the police agency the officer is from. You can also seek legal help to have the case dropped, even if illegal evidence was found. In the event of an unlawful search, the evidence might not be permissible in court.
Consent Search
A consent search can be given voluntarily by a person. With a consent search, a police officer can search the person, their belongings, and their residence. You can refuse the search if asked for consent by a police officer. An officer may ask for consent with or without legal grounds to conduct a search, in which case they may begin the search even without consent.
Search Incident to Arrest
This type of search can be conducted without a warrant during or immediately after an arrest has been made lawfully. Only the person arrested and the area immediately surrounding them can be searched. This is to prevent them from gaining possession of a weapon, escaping, or hiding or destroying evidence.
Protective Search
A protective search is also referred to as a pat down or a frisk. This type of search is conducted for two reasons. The first is to ensure there is no threat to safety, such as a concealed weapon, on the body of the person getting frisked. The second is to stop the person from destroying evidence.
