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When can police legally search one’s property or person?

On Behalf of | Nov 3, 2021 | Drug Charges

People in California own various types of property. They generally want to keep this property for themselves and keep it in their homes and other places that can keep the property from others. This property can include money, jewelry, personal documents, household goods and many other types of property. They keep this property in their homes because they can lock doors and have an expectation that others will not enter their home.

Fourth Amendment protections

Some people may also keep illegal property in their homes as well, such as illegal drugs. Even though it is illegal, people still have a right to privacy in their homes and they have the protections of the Fourth Amendment. This protects people from unreasonable searches in places where they have a reasonable expectation of privacy. This usually means places where someone in the general public would not be able to see without entering other people’s property.

If police enter people’s property without a valid search warrant, they are violating people’s Fourth Amendment rights. There are some exceptions to the rule, but if police find drugs in violation of people’s rights, people may still be charged with a drug crime. However, people may be able to suppress the evidence of the drugs. This means that the evidence found in violation of people’s rights could not be used against the individual and a conviction becomes very unlikely.

There are many people in California who possess illegal drugs and are charged with drug crimes if the police find them on people. People who are convicted of certain drug crimes may face serious consequences depending on the circumstances. However, people have constitutional rights that the police cannot violate. It is important to understand these rights and potential defenses. Experienced attorneys understand the potential defenses to drug crimes and may be able to help protect one’s rights.

 

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