Check your constitution. As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about illegal/warrant-less searches. Here are some things you need to know.
According to the Fourth Amendment Act, validates the reasonable right of privacy to an area that law enforcement might need to conduct a search or a seizure. Therefore, premises such as homes and apartments are considered private, and as such the government must have a court-issued search warrant before they conduct any search. In addition to that, the permit must be valid, meaning there must be probable cause. This (in theory) should prevent the police from carrying out random intrusions. under the law. Another requirement is that the warrant must meet --- it must have been issued by an unbiased judge and contain details on where the search will happen and what should be searched. The police cannot search an area that isn’t described in the warrant and therefore cannot seize the property in that area too.
All too often ... police have probable cause (to search) when they respond to criminal activities, and they conduct searches without a warrant. These so-called "exemptions" to the Fourth Amendment include:
- When a person willingly consents to a search. Under these circumstances, law enforcement personnel don’t need to have a warrant present during the search. They assume the individual knows the extent of the Amendment Act. The act not only protects the people’s rights to privacy, but also prevents any property seized during the search from being used in court as evidence.
- If you get pulled over while driving, possibly due to a traffic violation, the police can search the trunk and any other compartments of your car without a warrant.
- Vehicles get exempted because they are mostly mobile and criminals can use them to conceal weapons and drugs away from their premises. If the police confiscate your car, they are free to search without a valid warrant.
- When arresting an individual, they can search the property for any evidence of criminal activity. In this case, police have a warrant for arrest, or one gets filed against you, and police suspect that they might collect evidence of your criminal act on your premises.When police witness you committing a crime in plain view and make an arrest, they may search and seize any personal items you have on you. If any of these things link you to criminal activity, then they are admissible in court as evidence.
- Sometimes an officer may stop you and conduct an investigative frisk if they suspect that you might possess a weapon or might be dangerous.
What happens when your Fourth Amendment rights get violated? The law considers that the individual have a reasonable expectation of privacy and to feel secure in their premises from arbitrary government intrusion. If you feel as though your rights have been violated --- you should contact The Rolloff Law Office. We know about the exclusions to the Search and Seizure Act. If you need legal advice in Minnesota - contact us today: (612) 234-1165
As an experienced Minnesota Criminal Defense Lawyer, I get a lot of questions about vehicle searches. Here are something you need to know to protect yourself and your rights.
In order to lawfully search a vehicle in the State of Minnesota, law enforcement must first obtain a search warrant. All vehicle searches conducted without a search warrant are presumed to be unconstitutional. If the government wants to search a vehicle without getting a search warrant, the right to search must fall under one of a few exceptions to this warrant requirement.
Listed below are a few brief descriptions of each exception.
Search Incident to Arrest
In the context of motor vehicles, this exception allows the cops to lawfully search an occupant of a vehicle and the passenger-compartment area of the vehicle if:
- At the time of stop the accused could easily access the passenger area of the vehicle and any containers in the vehicle; or
- When here is a reasonable belief that evidence of the crime for which the person was arrested might be found in the vehicle.
This search warrant exception first requires a lawful arrest. If the police did not have a right to place the person under arrest, evidence found during any subsequent search will not be admissible. However, if these factors are met, the police may lawfully search the passenger area of the vehicle, including any containers, bags, purses, luggage and clothing. It makes no difference whether it was the driver who was arrested or a passenger.
Plain View Seizure of Evidence
This exception allows the police to seize evidence of criminal activity that is in plain view. In other words, if, after a lawful traffic stop, an officer approaches the vehicle and sees something illegal (eg., a bag of drugs) the officer can lawfully seize that evidence without getting a search warrant.
See: it is not a search to see something in plain sight. However, the stuff must be immediately apparent ... that what he is seeing is evidence of criminal activity ... before he can seize it without a search warrant. A police officer could not, for example, open a box or container (like a pack of smokes) just to open it and see what's inside.
Probable Cause to Search for Evidence
This exception is somewhat unique to motor vehicles. Generally, a peace office needs probable cause and a search warrant to lawfully search for evidence. However, due to the mobile nature of motor vehicles, courts have held that as long as the police officer has probable cause to believe evidence of a crime is concealed somewhere in the vehicle --- often based on "the odor of marijuana," he may stop and search the vehicle without a search warrant. This includes the right to search all packages, bags, and containers that may reasonably hide or contain the evidence --- even opening them. As long as the police officer has enough information to where he could get a search warrant, the mobile nature of motor vehicles do not require that the officer actually get the search warrant.
Inventory Search
This is like a catch-all ... because the police will often want to tow a vehicle. And, see ... when they do, they can conduct an inventory search of it without a search warrant. Most police departments have policies authorizing an inventory search of an impounded vehicle; however, the policy must make clear that the inventory search if part of routine procedure in cases that involved the tow. The police cannot conduct a search for purposes of finding evidence. The search must be conducted pursuant to a department policy to inventory the contents that the police are taking into custody. If the police do happen to find drugs in the vehicle, or any other evidence of criminal activity, that evidence will be admissible and will be used against you.
Consent Search
This is one I think anyone can understand ... the cops can and will ask to search a vehicle. If you say "yes" --- that might be enough. Granted, the police officer must have a reason to suspect criminal activity before he can even ask the owner or driver of the vehicle for permission to search. If the officer legitimately suspects criminal activity and the owner or driver gives the officer permission to search, the officer can search the vehicle without a search warrant. If the owner or driver of the vehicle specifically limits the areas or things that they agree can be search, the officer must limit the scope of the search to only that area.
If you or someone you know was recently been the subject of a vehicle search, make sure you call an experienced Minnesota Criminal Defense Lawyer. The Rolloff Law Office represent individuals throughout the state. Call today to set up a FREE CONSULTATION: (612) 234-1165.
