What Rights Do I Have During a Police Search for Drugs?

Law enforcement has a duty to protect the public and put a stop to criminal activity. Sometimes their job means they must perform searches and seizures of property and evidence. If you are suspected of criminal activity relating to drugs, you have certain rights regarding a police search. Work with a Mercer County drug crime lawyer for skilled representation during your case.

What Rights Am I Awarded in the Fourth Amendment?

The Fourth Amendment protects people from unreasonable searches and seizures conducted by the U.S. government. Under this law you have the right to privacy and your personal property cannot be searched or taken without your permission or a valid warrant. If there is no warrant the police may ask you if you mind submitting to a search. You have the right to refuse consent. Do not hesitate to invoke your rights if you are facing an unlawful search and seizure.

When Can the Police Conduct a Drugs-Related Search?

Part of your rights as a person in the United States involves the laws that prevent law enforcement from acting in disregard to the Fourth Amendment. There are only certain ways that the police can conduct a search for illegal drug activity. A search is only considered legal and reasonable if it meets one or more of the following conditions.

• The police have a warrant. Warrants can be obtained by submitting evidence to a judge or magistrate. With enough evidence to convince a reasonable person that criminal activity has occurred, the officers may be issued a warrant to search a particular place or piece of property and seize all relevant evidence.
• Probable cause is a way that the police can search your property without a warrant. If they have probable cause to believe that a crime was committed they must have evidence but they can proceed with a search or seizure without possessing a warrant.
• A law enforcement officer can seize evidence if it is in plain sight. For example, suppose a cop pulls a man over for a traffic stop. On the dashboard is a baggie full of illegal drugs. The police officer does not need a warrant to seize the evidence because it was in plain view of any person.
• A person may also consent to a search of their own accord. If the police ask permission to search a person’s car or garage they have the right to either agree or say no. Consent has to be offered freely and cannot be coerced.
• The Fourth Amendment only protects people from unreasonable searches in places where they would have a reasonable expectation of privacy (think the home, car, purse, etc.) However, if there is no reasonable expectation of privacy then the police could conduct a search. For example, there would not be a reasonable expectation of privacy for trash that was placed in a bin at the curb. In this instance, the police would be free to dig through the trash if they believe it is necessary.