{"id":352382,"date":"2023-10-16T14:53:57","date_gmt":"2023-10-16T19:53:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-rights\/searches-and-seizures-the-limitations-of-the-police.html"},"modified":"2023-10-16T14:53:57","modified_gmt":"2023-10-16T19:53:57","slug":"searches-and-seizures-the-limitations-of-the-police","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/searches-and-seizures-the-limitations-of-the-police.html","title":{"rendered":"Police Search and Seizure Limitations"},"content":{"rendered":"\n
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Police Search and Seizure Limitations<\/h1>\n\n
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\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
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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
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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

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The Fourth Amendment protects citizens from unreasonable searches and seizures, requiring police to get a warrant based on probable cause. But there are exceptions, such as consent, exigent circumstances, and items in plain view. Understanding these limitations can help unhold constitutional rights during criminal investigations.<\/p>\n\n <\/div>\n\n\n\n

Although United States citizens have some degree of freedom from government intrusion, there are limits to that privacy. Criminal procedure<\/a> law recognizes the rights of the people, but it also acknowledges the need to deter illegal activity.<\/p>\n

Police officers can, where justified, search a person’s home, car, or other property and seize evidence of a crime. But, there are rules police must follow when searching your person or property.<\/p>\n

The Fourth Amendment protects you from illegal searches and seizures. If you believe the police violated your constitutional rights, contact an attorney in your area for help. An experienced criminal law attorney<\/a> can evaluate your case, advise on your legal options, and represent you in court.<\/p>\n

This article discusses what the police can and cannot do during a criminal investigation. It also describes some limitations the Fourth Amendment<\/a> to the U.S. Constitution places on law enforcement officers and criminal proceedings.<\/span><\/p>\n

What the Police Can Do: Reasonable Searches<\/h2>\n

Both state and federal law precludes the use of evidence obtained during an unlawful search<\/a>. In most cases, the police will need a search warrant to seek evidence on your person or property. A search warrant is a court order that gives law enforcement the right to search for contraband and criminal evidence.<\/p>\n

Under the Fourth Amendment to the Constitution, police are only allowed to engage in “reasonable” searches.<\/p>\n

A search is considered reasonable only if:<\/p>\n