{"id":352379,"date":"2023-10-17T09:00:39","date_gmt":"2023-10-17T14:00:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/search-and-seizure-law.html"},"modified":"2023-10-17T09:00:39","modified_gmt":"2023-10-17T14:00:39","slug":"search-and-seizure-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/search-and-seizure-law.html","title":{"rendered":"Search and Seizure Law"},"content":{"rendered":"\n
\n

Search and Seizure Law<\/h1>\n\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n

The Fourth Amendment to the U.S. Constitution prevents illegal searches and seizures. The protection against unlawful search and seizure is one of the most fundamental rights guaranteed to Americans. Although this is a fundamental right, search and seizure laws still have exceptions. <\/p>\n\n <\/div>\n\n\n\n

It pays to understand how and when the police may search and seize your property. This can help you protect yourself from unlawful searches and seizures.<\/p>\n

This article highlights your constitutional rights under the\u00a0Fourth Amendment<\/a>, specifically search and seizure law. If you are facing criminal charges, you can also talk to a criminal law attorney<\/a> near you for targeted legal advice. An experienced attorney can review any searches and seizures to determine if law enforcement acted within the law. This can have a critical impact on your defense.<\/p>\n

The Fourth Amendment: Search and Seizure Law<\/h2>\n

The\u00a0Fourth Amendment<\/a>\u00a0to the United States Constitution guarantees the following rights:<\/p>\n

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.<\/i><\/p>\n

The key word is “unreasonable.” While the United States Constitution protects Americans from intrusive government searches and seizures, government officers can perform many\u00a0reasonable\u00a0searches and seizures without a warrant<\/a>.<\/p>\n

Whether a police search or seizure is reasonable depends primarily on whether you had a\u00a0reasonable expectation of privacy<\/a>\u00a0in the first place.<\/p>\n

Your Expectation of Privacy<\/h2>\n

Citizens are only protected from unlawful search and seizure when they have a\u00a0legitimate expectation of privacy<\/a>.\u00a0In other words, if you didn’t expect the place the police search to be private, law enforcement can search that area without a search warrant.<\/p>\n

In\u00a0Katz v. United States<\/i><\/a>, the Supreme Court established a two-part test to determine if a person has a legitimate and reasonable expectation of privacy:<\/p>\n