What Are My Rights During a Drug-Related Police Search?

As a citizen or visitor of the United States, you have rights that protect you from unlawful searches and seizures. However, when there is known or suspected drug-related criminal activity occurring, you may find yourself being searched. Speak with a Tehama County drug crimes lawyer if you believe your rights were violated during a drug-related police search.

What Grounds Do Police Need for a Drug Search?

Police are allowed to engage in reasonable searches under the Fourth Amendment to the United States Constitution. This means that if law enforcement has obtained a valid warrant or if the situation is considered a good-faith exception, they are within their rights to conduct a search.

Probable cause is paramount in conducting a search. It is the standard that law enforcement needs to meet in order to obtain a warrant to search or arrest a person. The following are the various ways in which a police officer can lawfully search a person or property for drugs.

• Warrant: If the police find probable cause to suggest that a drug-related crime is being or has been committed, they can approach a judge to request a warrant. If the evidence they provide is substantial enough to convince a judge, a search warrant may be issued that allows law enforcement to search a person’s person, car, home, or other personal property. The warrant will specify the areas that the police are allowed to search as well as time of day and other requirements.
• Consent: If the individual wishes to give consent for the officers to conduct a search they are within their rights to do so. The police may ask for permission to search a person’s car or home but the search must be voluntary. It is important to note that the search will be limited to only what the individual gave consent for.
• Plain view: If evidence of illegal activity is visible in plain sight no warrant is required to conduct a search. For example, if a law enforcement officer sees evidence of drug production in someone’s open garage or sees illicit drugs on the front seat of a car during a traffic stop, they can seize the evidence.
• Stop and frisk: If the police have a reasonable suspicion that someone is committing a criminal activity they have a right to stop and/or detain them. During this time they can do a pat down to check whether or not the suspect is carrying weapons.
• No reasonable expectation of privacy: Any area where a person would not have a reasonable expectation of privacy can also be searched without a warrant. A person’s car or purse cannot be searched without just cause, but if they threw garbage away in a public place or had items visible on their front porch they would not reasonably be able to expect that those areas would be private.

What Are My Rights?

It is important to remember that you have certain rights that cannot be violated by law enforcement officers. Police have to abide by all of the above. You have the right to avoid unlawful searches and seizures, so unless evidence is out in plain sight or you allow a search to be conducted, officers will have to obtain a warrant before conducting any searches.