The 4th Amendment to the Constitution prohibits police from making unreasonable searches of people and homes, and from unjustly seizing belongings. The legality of a search depends on the facts of the case, and in many instances, illegally seized evidence is inadmissible in court. Recently, searches of cell phones and other devices have become a complex issue. In this article, you will learn about police searches, and you will learn how Criminal Lawyers in Philadelphia can protect your legal rights.
Authorities can Search, if you Allow It
If you allow a law enforcement officer to search you or your belongings, that officer can perform the search and keep any evidence found. For instance, if you are stopped on the street, the officer can check your phone to ensure that you weren’t trying to buy drugs. If you allow the officer to search your phone, that search is legal. Criminal Lawyers in Philadelphia can inform you of your rights before and after a search.
Probable Cause is Necessary for a Warrant
Most searches of suspects’ property require a search warrant, which is a court order allowing police to search with a focus on criminal evidence. To get a warrant, officers must demonstrate a high likelihood that evidence may be found, which is referred to as probable cause. Once a warrant is issued, law officers can search without the subject’s permission. Warrants can allow searches of cars, homes and belongings -; including electronic devices.
Some Searches are Legal Without Warrants
In some instances, police can do a search in the absence of a warrant. They can search those who have been arrested already, and in some areas, they can search electronic devices in a suspect’s possession at the time of arrest. Police can also search cars and homes without a warrant if probable cause exists, or if they believe evidence will be destroyed before a warrant is issued. By hiring Criminal Lawyers in Philadelphia, you can be protected with or without a warrant.
Hiring an Attorney to Protect Against Illegal Searches
Laws concerning criminal searches, especially those of GPS units, cell phones and other electronics, are complicated. Every state’s laws are different, and every case’s facts are specific. If you believe that you have been subjected to an illegal search or seizure, call Criminal Lawyers in Philadelphia right away.
