Learn about the basic requirements set out by the Constitution to protect against unreasonable searches and seizures.
In any criminal case, it is extremely important to understand the defendant’s 4th Amendment rights against unreasonable search and seizure. This can be a complicated issue, given that there is a huge body of case law surrounding 4th Amendment rights that has been developing for over 100 years.
Let’s start by taking a look at the Constitutional requirements for a warrant. This will help dispel myths and misconceptions spread by the media, by popular culture, and word of mouth regarding when exactly police need a warrant to conduct a search.
As a protection against unreasonable searches and seizures, the 4th Amendment requires that all search warrants must:
- Be signed under oath by the police officer seeking the warrant
- Be signed by a magistrate approving the warrant
- Be supported by probable cause
- Contain a specific description of the place to be searched or the items or persons to be seized
The idea is that with a police officer swearing an oath as to the veracity of the statements in the warrant (under penalty of perjury) and a judge reviewing the evidence to confirm it shows probable cause, the search should be Constitutional. The requirements also help prevent police from using warrants to “fish” for evidence on a suspect because they must know what evidence they are looking for. Sounds good, right?
Unfortunately, due to the demands on police officers while in the field, it is not always practical or possible to obtain a search warrant. This has led to the development of a large body of case law to describe “exceptions” to the 4th Amendment’s protection against unreasonable searches and seizures. In this body of case law, the issue at stake is when it is “reasonable” and permissible for a police officer to take action without a warrant.
The search warrant exceptions are too numerous and complex to be tackled here, but we will cover them in an upcoming series of blog posts.
Until then, remember, if you have any questions about a search or arrest that has affected you or a loved one, you are invited to request a free initial consultation with Dan E. Chambers of Chambers Law Firm.
