Criminal Justice: Search and Seizure

The Criminal Justice Systems has its checks and balances to maintain the right of privacy for every citizen. Law enforcement has strict guidelines that are derived from the Fourth Amendment that it must follow in order to preserve privacy. In order to search a person or property, a law enforcement agent must have a valid search or arrest warrant.

There are exceptions to the rule that a warrant must be obtained before performing a search. For example, if a person gives voluntary consent to the officer, the search is legal. There are also some cases where a third party who is in charge of the property may give consent (i.e., hotel management).

Law enforcement who detain motorists for traffic violations will typically issue tickets and allow them to proceed. However, if they have probable cause to believe that motorist or passengers have committed a traffic offense, police officers have the power to arrest and search motorists. Even if they plan only to issue a ticket, police officers can order drivers and any passengers to get out of a car. If law enforcement agent “reasonably believe” that driver or passengers might be carrying weapons, they can conduct a short frisk or pat down of all the car’s occupants.

In order to search a person or property, a law enforcement agent must have a valid search or arrest warrant.  If law enforcement fail to get a warrant or violate the terms of a warrant, the penalty for violating the Fourth Amendment by making an unreasonable or unlawful search or seizure can be severe. Under the "exclusionary rule” and the "fruit of the poisonous tree” doctrine, any evidence that's obtained through an illegal search or seizure can't be used against you in court.

The Fourth Amendment to the U.S. Constitution declares that people must be secure in their homes and in their persons against unreasonable searches and seizures. This right states 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. No warrants shall issue but upon probable cause. This amendment is a part of the Bill of Rights and was adopted by Congress and became law on December, 15 1791.

In cases where an officer violates a person’s Fourth Amendment rights, and the search and/or seizure is found unlawful, the evidence will be kept out of the criminal case. This means that if a person’s home was searched, but there was no search warrant or other circumstances that would have justified the search and seizure, any evidence gathered during that time will not be allowed in court.