People generally have a right to privacy in their own homes. They have protection from unreasonable searches under the Fourth Amendment. Their ownership or tenancy extends them the right to use the property as they see fit as long as their actions don’t violate the law, break their leases or affect other people.
Police officers who suspect an individual of criminal activity typically need compelling evidence connecting that person to a specific crime. A search of a suspect’s residence could yield a variety of valuable forms of evidence. In some cases, police officers may violate people’s civil rights by conducting searches without the necessary legal justification. What are the requirements for a lawful search of a private residence?
Permission
Frequently, police officers trick people into giving up their Fourth Amendment protections. They claim they need to talk to an individual and ask to come inside for a bit.
People who do not want to seem rude often open their doors to law enforcement professionals. What they may not understand is that if officers spot anything that indicates criminal activity, they then potentially have justification to continue searching the residence.
Probable cause
Many searches occur because police officers see, hear or even smell something that indicates a crime has occurred. They can claim they had probable cause to search the residence.
Probable cause is a higher standard than people realize. A gut feeling or general suspicion is not adequate reason to search a private residence. Officers generally need an articulable suspicion that a specific crime has occurred.
Hot pursuit
Police officers sometimes follow suspects from the scene of a crime as they flee. If that person appears to have entered a private residence or its yard, officers may potentially have the right to search that property to look for the suspect. There are clear restrictions on such searches based on the severity of the alleged crime and other factors.
Warrants
The most authoritative way to legally justify a search is by securing a warrant from a judge. A warrant should clearly describe the location of the search and other critical details. People served a search warrant have the right to validate its contents to check it for accuracy.
If an illegal search occurred, there could be major implications for the person accused of breaking the law. Reviewing the conduct of police officers can help people develop effective criminal defense strategies. Those who experienced inappropriate searches may be able to exclude certain evidence from criminal proceedings with the help of an attorney.