The Fourth Amendment protects you against “unreasonable searches and seizures” by police. In other words, police need probable cause to get a warrant.
As simple as the concept may seem, it allows for a lot of gray areas. If you do not understand your rights, you cannot defend yourself.
When the police need a warrant
Police must convince a judge to issue a warrant before conducting a search. Police also cannot search you in public if you have a “reasonable expectation of privacy.”
If police officers do not have a warrant, you must give them permission to conduct a search. You have the right to say “no.” The police may not like your answer, but they must honor it.
Even if you say “yes” to a search, you can place restrictions on police officers. You can tell them during a traffic stop that it is OK to search your trunk, for example, but not the glove compartment. You also have the right to change your mind and halt a search.
When the police do not need a warrant
Your rights are sometimes secondary to circumstances, however. Police officers do not need a warrant when they:
- See evidence in plain sight
- Have reason to suspect you have committed a crime
- Are in pursuit after suspecting you committed a crime
- Believe someone is in imminent danger
- Think a suspect may escape
- Believe evidence is at risk of destruction
Protecting your rights, even when they seem clear-cut, is not easy. A simple misunderstanding on your part can lead to charges, fines and jail time.
When you need more information
Police and prosecutors have years of experience on their side. They know the ins and outs of the law, as well as little tricks that can put you in an awkward position. They might enter your house, for example, by claiming they heard someone shout for help.
You know you have rights. However, where do your rights end and your duty as a responsible citizen to aid the police begin?