Search and Seizure

The term “search and seizure” describes right of law enforcement officials to investigate your property for criminal evidence. This means that police can search your house, business, vehicle, personal records, and anything else determined reasonable.

The Fourth Amendment

The United States Constitution's Fourth Amendment protects the privacy of citizens. In the case of Mapp v. Ohio in 1961, the Supreme Court decided that illegally obtained information cannot be used in a court of law. However, the security of individuals can be overridden in the search for reasonable evidence. If the evidence necessary is found, and proves that a crime has been committed, the officers of the law can arrest you.

What about Warrants?

Typically, the law enforcement officers must have a valid search warrant in hand to conduct an investigation of your property. However, there are exceptions that can allow police to search your possessions without a warrant. These can include:

• Voluntary searches, where the officers cannot deceive a person into consenting to a search
• Plain view searches, where officials can seize an item if they can see it from a place that is legal for them to stand
• After-arrest searches, where police are allowed to search the immediate vicinity of the person arrested
• Protective sweep searches, where law enforcement officials can walk through the area where a person has been arrested if they believe an accomplice is hiding nearby
• Probable cause searches, where officers can search the car of a person pulled over

Contact Us

For more information regarding search and seizure and jail release, please contact Austin jail release lawyer Ian Inglis at 512-472-1950 today.