Anyone who has ever read the United States Constitution knows that the Fourth Amendment, part of the Bill of Rights, bans “unreasonable searches and seizures.” Anyone who has ever watched a police or legal show on television knows that police need a warrant to make a search. That is, in fact, the way the system is set up. In the 220-some years since the Constitution took effect, however, things have changed a bit. Searches still must be “reasonable,” but court decisions over the years – particularly in the last 70 or so years – have broadly expanded the definition of a search that is “unreasonable,” with or without a warrant. Nonetheless, if you are subjected to a search that is still considered unreasonable, you have legal recourse.
Evidence Can be Excluded if a Search is Unreasonable
The Fourth Amendment is intended to protect your privacy and prevent the government from treading on your rights. That is at the heart of the requirement that searches not be unreasonable. However, while the Fourth Amendment requires that searches be conducted only with a warrant based on probable cause to believe that a crime has taken place and that evidence regarding that crime can be found at the place to be searched, that is nowhere near the case under current law. While any search still requires probable cause, and many require warrants, there are any number of circumstances that permit warrantless searches. In fact, some legal sources have concluded that the majority of searches are legally conducted without warrants. These include traffic stops, among a number of other circumstances.
However, any search, with or without a warrant, is considered unreasonable if it is conducted without probable cause. That means the police must have probable cause – a good reason – to believe that a crime has been committed, that you were involved in it in some way, and that the place they want to search contains evidence related to that crime. Police almost never can conduct a warrantless search of your home or place of business.
If the police conduct a search without a warrant or probable cause, any evidence of a crime or related to a crime that they discover likely will be kept out of evidence at trial because of what is known as the “exclusionary rule.” Much like the court decisions that allow many searches without a warrant, the exclusionary rule is a result of court decisions that hold that evidence uncovered during a search without probable cause or that in some other way violates Fourth Amendment safeguards will be ruled inadmissible at trial.
In Texas, a search warrant has to be issued by a magistrate or judge. It allows the police to search a particular location, related to a particular crime, looking for particular evidence. The police must show probable cause justifying the search, under Texas law and the Constitution. There are other requirements for a warrant in Texas, including statements of where the police can search and what they are looking for. The police must detail their probable cause for seeking a warrant in their application.
If You Believe You Have Been Subjected to an Unlawful Search, Talk to Madrid Law Firm
If you have been subjected to a police search in the Houston area that you believe was unreasonable or unlawful, you have legal recourse. Talk to the Madrid Law Firm to see how we can help.
