Understanding Your Rights Under the Fourth Amendment
If you are under investigation for a criminal offense, or if you have been pulled over by police officers for any type of infraction, there may come a point where the officers want to conduct a search of your home or vehicle. It’s a longstanding principle, and one of the essential components of our democracy, that citizens shall be free from unreasonable searches and seizures. It’s right there in the Fourth Amendment to the U.S. Constitution, ratified in December 1791.
But exactly what protections the Fourth Amendment provides can often be the subject of much uncertainty and confusion. What does a law enforcement officer need to initiate a search or seizure? Are there exceptions to the rules? This blog outlines the law and rules of search and seizure in Texas.
Your Protections under the Fourth Amendment
The Fourth Amendment reads as follows:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
As initially written and construed until 1961, the Fourth Amendment applied only to actions by the federal government. In Mapp v. Ohio (1961), the U.S. Supreme Court held that the Fourth Amendment also applies to state and local government actions.
The language of the Fourth Amendment specifically prohibits “unreasonable” searches and seizures, but the courts have more often focused on those factors that make a search “reasonable.”
Those include:
- The existence of probable cause and a warrant based on that probable cause
- The specific circumstances that may justify a search without the need for a warrant
One of the first issues a judge addresses when considering whether to issue a search warrant is whether or not the subject of the search has a “legitimate expectation of privacy” in the place or thing to be searched or seized. For example, a person who operates a business open to the public would not have a reasonable expectation of privacy in those areas open to the public. A police officer could conduct a search of those parts of the property without a warrant. However, there would be reasonable expectation of privacy in any private offices at the business. The search could not extend to those rooms without a warrant.
When a Warrant Is Not Necessary
There are six specific exceptions to the requirement that law enforcement officers have a valid warrant to conduct a search:
- If the evidence seized was “within plain view”
- If the evidence was obtained as part of a lawful arrest
- If the suspect consents to the search
- If the officer has a reasonable suspicion that a criminal act is underway or has been committed—The officer must, however, be able to articulate specific facts that reasonably lead to that conclusion. Even with reasonable suspicion, the officer may only stop and conduct a limited frisk of a person.
- If the evidence is obtained after “hot pursuit” of a suspect—The fear here is that the suspect may destroy evidence if the police officer has to wait for a warrant to conduct a search.
- If the evidence is in a motor vehicle and the police officer had probable cause to believe that the vehicle contained contraband, evidence, instruments, or proceeds of a criminal act
Contact the Experienced Criminal Defense Attorneys at Bailey & Galyen
At the law office of Bailey & Galyen, we provide a free initial consultation to every client. To set up an appointment with an experienced Texas criminal defense attorney, contact us by email or call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.