Police Warrants and Searches

It is a good thing to know what the police can search before the next time it happens. Many people do not know their rights and how they can become involved with law enforcement procedurals. Hopefully the next time you are stopped or asked to aid in a search you will be able to know your role as a citizen.

Searches by Consent

If a policeman stops someone in traffic and the occupant of the vehicle agrees to a search, legally a search can be made and whatever criminal evidence found can be used as evidence. Remember, police are not obligated to tell people that they can refuse for their vehicle to be searched. Police officers must also not use coercion in order to validate a search within the vehicle.

Obtaining a Warrant

Police officers are able to obtain a warrant through a after finding "probably cause" of criminal activity within a place. The affidavit reports criminal activity witnessed by the police officers or other citizens. Before the trial the suspect can challenge whether or not the warrant is valid.

Issued Warrant

Law authorities can only search for criminal evidence described in the warrant. For example, police authorities cannot conduct a search for a stolen bicycle if what is described in the warrant is firearms, however, they can seize items that are not described in the warrant. Warrants can also be issued on specific individuals.

Connection With Arrest

After an arrest is made, police officers can perform a search for weapons in order to protect themselves and preserve a potential case against the suspect. If the police have reason to blieve that an accomplice was involved with the arrest and is hiding within a residence, the policeman or policewoman can search a residence in search of the accomplice.

In times of emergency, police are lawfully allowed to make a search without a warrant. For example, if calls for help come from inside a residence, the officer is allowed to intervene and enter the residence without a warrant.

In Plain View

If police officers find evidence or contraband "in plain view" within the vehicle they have the right to charge the suspect. Also, if the officer was performing another kind of service and found signs of criminal evidence in the process, a charge can be made against the suspect.

Probable Cause

If the police officer has probable cause that the occupant of the vehicle has contraband or other criminal evidence, the police officer can perform a search in any and all compartments. However, an officer cannot perform a search if the occupant was pulled over for a minor traffic offense.

For more resources on police warrants and searches, contact the Appleton criminal defense lawyers of the Law Offices of Kohler, Hart & Priebe today.