When Can the Police Search My Car?
Additionally, police are allowed to conduct searches related to arrests they have made, such as searching the pockets of a person they have arrested or searching the scene of a crime for additional suspects. Many people have heard that if police conduct an illegal search or seizure, any evidence they collect cannot be brought into court. While this is true in some cases, Arizona limits this exclusion of evidence as much as possible. If the judge decides that the officer made a reasonable error of judgment about the facts, but the facts the officer believed to be true would have constituted probable cause, then the judge will allow the evidence into court anyway.
If law enforcement officers attempt to conduct a search that you believe is illegal, the best thing to do is be polite and refuse, but not argue with them.
If the search they are conducting really is illegal, your attorney should be able to keep anything they find out of court, so the whole situation may actually end up working out in your favor. Constitution which reads as follows:.
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- Illegal Search and Seizure – California Penal Codes 1523-1542?
The strength of the protection afforded by the 4 th amendment has been watered down somewhat by the courts that have interpreted it over the years; however, in general, it stands for the concept that a law enforcement officer cannot conduct a search of your person, property, or things without first obtaining a warrant that must be based on probable cause. Probable cause, in turn, requires a logical belief, supported by facts and circumstances, that a crime has been, is being, or will be committed or that evidence of a crime will be found at the location to be searched.
As written and interpreted literally, the 4 th amendment requires the police to secure a search warrant in order to conduct any search. The courts, however, have chosen to interpret the 4 th amendment more liberally, finding a number of exceptions to the warrant requirement. As it stands today, the following is a brief overview of when and how the police can conduct a search and seizure of your person, your vehicle, or your home. If you have been charged with a criminal offense in the State of Nebraska, consult with an experienced Nebraska criminal defense attorney as soon as possible to ensure that your rights are protected.
In Nebraska contact Petersen Criminal Defense Law 24 hours a day at to discuss your case. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5, All rights reserved.go to link
Understanding Search-and-Seizure Law
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Unfortunately, as the dissent noted, the Court did not flesh out how this standard would work in practice. Fourth, the Court did not disturb certain other exceptions to this rule. As the dissent explained,.
Search and Seizure - Incident to Arrest | Casetext
Finally, there may be other avenues for reviewing the contents of the car, such as by inventorying the contents if the car is taken into possession of the department. The decision also points to two practical issues. First, bad facts make bad law.