The Fourth Amendment is a crucial part of the U.S. Constitution that states that law enforcement can’t search a person or their property without a good reason. If the police didn’t follow proper procedure when conducting a search and seizure, a person facing drug possession charges might be able to challenge evidence in court.
There are several grounds on which you can claim that a search and seizure was unreasonable:
Lack of probable cause
Probable cause refers to a reasonable belief, based on facts and circumstances, that a crime has occurred, is occurring or will occur. For example, an officer smelling marijuana coming from a vehicle might establish probable cause, but simply observing a driver looking nervous would not suffice.
There was no warrant
In many cases, police need a warrant to search. It should clearly state where the police can search and what they’re looking for. A person might be able to challenge the search if the police conducted it without a warrant when they should have had one. However, exceptions to this requirement exist, such as when the police obtain consent to search or in emergency situations.
Exceeding the scope of a warrant
If the police have a warrant, they can only search the areas listed on it. For example, if a warrant authorizes a search of the living room, police cannot search bedrooms or other areas not specified in the warrant. This limitation ensures that searches remain focused and prevents unreasonable intrusions into privacy. However, officers may seize evidence of a crime in plain view during a legal search, even if the warrant doesn’t list it.
Illegal initial stop
A driver could challenge evidence found after police pulled them over for no reason and then searched their car. This principle, known as the “fruit of the poisonous tree” doctrine, typically makes evidence obtained from an illegal stop or search inadmissible in court. However, if the police can show they would have discovered the evidence through other legal means, a court might still allow it.
It’s important to note that there are numerous exceptions to the warrant requirement, and the application of these rules can vary based on the specific circumstances of each case. If you believe police violated your rights during a search, it’s crucial to consult with an attorney.