What Are Searches & Seizures?

You might think that your personal, private property cannot be subject to a police search, but you would be incorrect. In the course of a police investigation, search warrants are routinely issued for homes, offices, cars and other dwellings where criminal activity is thought to be taking place. In fact, given the proper probable cause, police officers can even obtain a search warrant for a doctor’s office or a psychiatrist’s clinic.

Searches & Seizures: What is considered a “search”?

A search is the investigation of property to which the owner has a reasonable expectation of privacy, such as the inside of a home or car. Police officers have the right to search public property without a warrant, but must obtain a signed search warrant to go through property that is considered private.

Searches & Seizures: What is a search warrant?

A search warrant is a document that gives police officers permission to search something that is normally considered private property, such as a house or a car. A search warrant must be signed by a judge, and is always addressed to the person whose property has come under investigation. Usually, a search warrant lists specific items for which the police have permission to search, and only those items may be seized from the property.

Searches & Seizures: How do the police obtain a search warrant?

The police officers of the investigation must be able to convince the assistant district attorney – who will take it to a judge – that a crime has taken place, and that contraband is likely to be found in specific private property. Sometimes, corroboration from a witness and a police officer is required, while this is not always the case.

Searches & Seizures: What if the officers find something that is not listed on the search warrant?

There are two ways in which a police officer can seize an item that is not listed on the search warrant: (1) Because the item is in plain view from where the officer stands in a place listed on the search warrant; or (2) If the police are given reason to believe that, in order to protect their own safety, or to protect evidence, they must proceed into areas not covered by the search warrant.

Searches & Seizures: Can my roommate give the police permission to search our apartment?

If your roommate is on the lease, and is over the age of 18, then he or she can allow the police to search areas of the apartment which you both share. For example, your roommate can allow the police to search your living room, kitchen and dining room, but not your bedroom and bathroom if you are the only occupant of those rooms.

Searches & Seizures: Can a police officer search my vehicle if I am pulled over for a traffic violation?

Only under two conditions: (1) The police officer has reason to suspect that there are illegal substances (contraband) in the vehicle; or (2) You give the officer permission.