What Are the Fourth Amendment Rights?
The Fourth Amendment asserts your right to be secure in your person, house, and effects, protecting you against unreasonable searches and seizures. Law enforcement officers shall not violate this right in making arrests. Where arrest or search warrants are issued against you, they shall be based on probable cause and supported by oath or affirmation.
A warrant shall describe the place to be searched and the person or things to be seized. Understanding these rights is crucial when dealing with law enforcers. It could form the basis of your defense if charged with a drug crime. Skilled Colorado Springs criminal defense lawyers can help you identify unconstitutional searches and seizures to protect your rights.
What Informs the Need for a Search Warrant in Drug Cases?
In some cases, police officers must apply for a search warrant from the court before searching. That requires them to provide an affidavit and appear before a neutral magistrate. The officer must show they have probable cause for searching your person, business, vehicle, or house.
Colorado Springs drug crime attorneys explain that probable cause is based on the following:
- The officer is aware of specific facts and circumstances connecting you to a drug crime
- The information about the facts and circumstances is from a reliable source
- A reasonable person would believe that a crime is about to happen or has already been committed
The judge will issue or deny the warrant based on the officer’s arguments. If granted, it will specify where the search will happen and what the police officers will be looking for. A search may be limited to a specific part of your house.
What Does the Fourth Amendment Protect?
Under the Fourth Amendment, protections apply to the following:
- A police officer’s physical apprehension or seizure by way of a stop or arrest
- A law enforcer’s searches of places where a person has a legitimate expectation of privacy
The statute provides safeguards during searches and detentions, preventing police officers from using unlawfully seized items as evidence in criminal cases. However, the degree of protection differs from case to case and depends on:
- The nature of the arrest or detention
- The characteristics of the place searched
- The circumstances around the search
Generally, police officers seek to obtain valid search or arrest warrants before searching a person’s home. If they conduct a warrantless search of your home, it may be illegal. Let Colorado Springs drug crime attorneys know if law enforcement officers search your home without a valid warrant.
When Does the Fourth Amendment Apply?
The Fourth Amendment may protect you in various situations, such as the following:
- When the police are arresting you
- If police officers stop you for questioning as you walk down the street
- If police officers pull you over a motorist for a minor traffic infraction and they search the vehicle’s trunk
- Public school officials searching your backpack if you’re a student
- Police officers confiscating your personal property or vehicle
- Law enforcerment entering your business or apartment to search for evidence of a crime
- A police officer entering your home to arrest you
This list is not exhaustive, and your drug crime attorneys in Colorado Springs can help you identify other instances where the Fourth Amendment applies.
How Can I Recognize an Illegal Search and Seizure?
Generally, an illegal search and seizure happens without consent or probable cause to believe a crime has been committed, or a warrant.
Stops where police use minor violations as a leeway to investigate other issues can also be found to be illegal. Another case of a violation of the Fourth Amendment is racial profiling by police officers.
It can be challenging to recognize unconstitutional search and seizure immediately, especially in the heat of the moment. However, ensure you document the encounter if you suspect a violation of your rights. Then, consult experienced Colorado Springs drug crime attorneys. They will evaluate your case and help you break down the issue to create a strong defense strategy.
Are There Exceptions to the Fourth Amendment?
Federal and Colorado State Courts have ruled that there are circumstances where a police officer can perform a search without a warrant. Some legal exceptions for the search warrant requirement include:
Emergencies arise that force law enforcement officers to perform a warrantless search, seizures, or arrests, known as exigent circumstances.
An example is if an officer reasonably believes a suspect will destroy evidence that incriminates them. They can conduct a warrantless search, and the judge will later determine if the search was justified.
The rule can also apply if a suspect attempts to flee from law enforcement or the officers reasonably believe the suspect will cause bodily harm to another person.
Search Incident to Arrest
Law enforcers don’t need a warrant to search you after a lawful arrest. Under the Fourth Amendment, the police can search your person, clothing, and areas within your immediate surroundings, usually within your reach.
Police officers can also lawfully search you if they have reasonable suspicion of a crime and suspect you have a weapon.. The search is known as stop and frisk, and it should be limited. It entails patting down your clothing to check if you’re armed, but if they find illegal drugs or drug paraphernalia, they can seize them. Talk to drug crime lawyers in Colorado Springs if these conditions are violated.
An Experienced Criminal Defense Lawyer Upholding Your Fourth Amendment Rights
If you’re facing drug crime charges in Colorado, you risk hefty penalties if convicted. Skilled drug crime attorneys in Colorado Springs can help you create a strong defense strategy to have the charges dismissed or sentences reduced. One defense strategy is challenging how the police conducted the search and seizure.
If your lawyers determine that the police violated your rights in any way, they can fight to show why the evidence provided by the prosecution shouldn’t be used in court. Without evidence against you, the case is likely to be dismissed. The criminal defense attorneys at Joyner Law can work with you to protect your rights. Call us at (719) 294-0566 or reach out to us online for a FREE strategy session.