The Constitution protects people from unreasonable searches. Individuals on private property have a reasonable expectation of privacy. Unless police officers have search warrants, they generally cannot search private property.
There are a few exceptions to that standard that people facing criminal allegations may need to understand. In some cases, they may determine that an illegal search previously occurred. Unlawful searches can impact the state’s case against a defendant. Defense attorneys can sometimes challenge the use of evidence found during an inappropriate search.
When can police officers search private property without a warrant?
When they have probable cause
Probable cause means having an articulable suspicion of a specific crime in progress. If police officers hear someone screaming for help or smell illicit drugs through the door, they may have grounds to search without a warrant.
Officers can enter private property during a hot pursuit, provided that the conduct of the person they seek justifies aggressive pursuit. They can even potentially force entry into a private residence if they have a credible belief that the people inside are in the process of destroying criminal evidence.
When they have permission
Some searches at private residences begin because people open their doors to the police. Officers ask to come inside or if they can look around briefly. Many people do not realize that they waive some of their legal protections by letting officers enter their homes and consenting to the search.
If a search was illegal, that could influence a defense strategy used at trial. Learning more about the law and constitutional protections can be beneficial for those hoping to fight pending criminal charges.