The Fourth Amendment is one of those laws many people take at face value; while it protects individuals against overzealous actions by law enforcement agents, it has its limitations. Failure to understand these limitations tends to result in many defendants’ disappointment (and jail time). If you’re unsure about the scope of this law, it is best to speak with a professional, like a Phoenix criminal defense lawyer. This is especially crucial if you’re facing criminal charges due to searches and seizures that you believe to be unlawful. Of course, if things get that far, it may already be too late. It’s always best to reach out to such a lawyer when you’re in a situation where your residence may be the subject of a police raid. This ensures that you fully understand your rights.
Many homeowners believe that a ‘No Trespass’ sign is sufficient protection from police searches and seizures. While these signs will surely deter a significant number of intruders, they have no bearing on any actions taken by law enforcement agents. Police officers or any other government agents with authorization to raid your residence will do so regardless of how big or how many such signs you erect around your property.
The Fourth Amendment states, “…no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.”
Before any judge can authorize a search or seizure warrant, there must be a good reason to do so. Police officers showing up at your residence to conduct a search and seizure of certain items as evidence means that they’ve fulfilled this part of the Fourth Amendment. This is not just a subjective matter; the judge must examine the evidence for why such an action is necessary and reasonable. Sometimes, the prosecutor filing the petition for a warrant may need to speak with the judge personally to explain why this is necessary. The judge will then determine if there is probable cause to authorize a search or seizure warrant.
The term “probable cause” may itself be subjective. However, the system has some guidelines to help judges determine what constitutes probable cause. For instance, if a suspect has a criminal history of drug trafficking and weapons smuggling, such an individual is a person of interest in a drug case will likely sway the judge to grant a search warrant for the suspect’s residence. This example is one of many in which the authorities are at liberty to invade a person’s residence to search regardless of whether or not the ‘No Trespass’ sign is there.
In such cases, the police don’t even need to announce their presence or identify themselves with house occupants. While they may do it as a courtesy, the warrant authorizes them to enter the house by any means necessary. This also means they can access the residence forcibly by breaking down the door.
Protection against the high-handedness of law enforcement is the founding principle of the Fourth Amendment. It is to ensure that the police and other government agencies do not abuse power vested to them by the state.
Many modern scenarios were not envisioned when the Fourth Amendment became law more than two centuries ago. As such, there have been numerous incidents of searches and seizures that may not seem clear under the provision of the Fourth Amendment. This has forced both state and federal courts to intervene, adjudicating these cases by interpreting the Fourth Amendment and making exceptions accordingly. Even with clear “No Trespass” signs, police can enter such a residence to execute a warrant. The courts overwhelmingly rule in favor of law enforcement if the suspect files a lawsuit alleging unlawful searches and seizures. However, there are some gray areas with the interpretation of this Amendment.
A reasonable expectation of privacy is a legal provision for any private citizen. This means they do not expect the police or anyone to intrude on their privacy in such places. For instance, if you’re resting in your house, you expect no intrusion from strangers, including the police. This expectation of privacy extends beyond the home to include places like a hotel room, a public toilet, specific areas of a jailhouse, or the inside of one’s car.
Places where such expectation of privacy is forfeited, include:
The police cannot barge into your home without a warrant because of the expectation of privacy principle supported by the Fourth Amendment. When a search warrant is issued, such an expectation of privacy is nullified. In such cases, a “No Trespass” sign cannot deter the police from invading your privacy.
Sometimes, the police may need to speak with a suspect. This is one of those situations where a warrant is not needed even when the line of questioning could result in a suspect being incriminating. The argument here is of an “implied right.” This is the implied right of any individual, whether to speak to the owner of the house or to make an inquiry. Legally, anyone can knock on another person’s door for whatever reason as long as they’re not disturbing the peace or doing anything illegal.
The police have this same implied right when it comes to talking to a suspect. Of course, during such an encounter, they cannot seize anything or search without a warrant or the owner’s consent. Of course, there are exceptions. For instance, if there’s a locked gate as part of a suspect’s property, the police cannot scale its surrounding fence in an effort to speak with a suspect if they don’t have a warrant.
Ultimately, the situations where a suspect feels their right to privacy has been violated can fall in a grey area. The same can happen in cases of searches and seizures in different circumstances. Astute legal representation is key when one feels their rights have been violated. At Lane, Hupp & Crowley, we understand the loss of dignity that people feel when law enforcement violates their constitutional right to privacy and freedom from unlawful searches and seizures. We can help you lodge formal proceedings to get justice. Contact us here https://www.lhccriminallawyers.com/.
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If you have been charged with a DUI, drug charge, sex crime or any serious criminal offense, let an experienced defense team fight for you. Schedule a consultation with one of our partners today. Call (480) 562-3482 or send an email.