Searches are typically how police officers and other investigators obtain evidence of criminal activity. Many times, the most compelling evidence comes from the residence of the person accused. Items ranging from drugs to journals can help the state build a compelling criminal case.
However, police officers have to follow the right procedures to conduct the search of a private residence. People have protection under the Constitution from unreasonable searches. Typically, searches are only legal in very specific circumstances.
When can police officers search a private residence?
1. After securing a warrant
Many searches take place at the culmination of an investigation. Investigators may have already gathered compelling evidence.
They can sometimes convince a judge to sign a search warrant. Provided that the warrant has an appropriate signature and correct details, it gives police officers the authority needed to legally search private property.
2. When they have probable cause
Occasionally, police officers make the decision to search a private property with little advance planning. They may have followed the suspect from another location as part of a hot pursuit. If they have probable cause to believe the suspect is inside a residence, they could conduct a search.
Other times, what they witness near the exterior of the residence could give them probable cause to enter and search. Sounds that indicate violence in progress or the destruction of evidence can be reason to enter and search.
Being able to see illegal items through a window can also give officers probable cause to search. Even smelling drugs can be justification to conduct a search of private property.
3. After obtaining permission
When police officers can’t get a warrant, they may try to get permission instead. The subject of the search or anyone who resides with them could potentially give the police access to the property.
If police officers obtain permission, they can usually only access the spaces that the party granting them permission has the authority to give them access to, such as shared spaces. They can often continue searching if they find anything incriminating even if people ask them to leave.
Reviewing whether a search was lawful can help people develop a reasonable criminal defense strategy. Illegal searches can sometimes give people a reason to challenge the use of certain evidence.