Search and Seizure and Your Rights

As we discussed above, citizens are presumed to have a great degree of privacy from the prying eyes of the government; however, the Fourth Amendment does allow “reasonable” searches and seizures. Determining what exactly is a reasonable search is often decided on a case by case basis. There are two specific areas that the courts have dealt with extensively in relation to a citizen’s right to be free from unreasonable searches and seizures: 

• Your Home: The location where a person has the greatest expectation of privacy is in their own home. Without probable cause to believe criminal activity is occurring and an “exigent” or emergency circumstance, law enforcement will need to have a warrant to conduct a search within a home and to seize any items within the home. Exigent or emergency circumstances can include a reasonable belief that a person may destroy evidence before a warrant is issued or a need to act because there is an immediate and real danger to someone’s safety.

• Your Automobile: Although a car is a piece of property that belongs to a person, the expectations of privacy involving an automobile are significantly lower than a homeowner’s expectations. Police officers can perform a search of a car if the motorist gives them consent, if there is reasonable suspicion of a crime (a lower standard then probable cause), if they have a search warrant, or if there are facts that would cause a reasonable law enforcement officer to believe it’s necessary for their protection, or if the search is related to an arrest. Although a motorist has the right to refuse to consent to a search, law enforcement’s powers to search a vehicle are much broader than searches of a home.