San Andreas Judicial Circuit
Aequale lustitia sub lege
Search & Seizures
In America, searches of your person or property are fairly strictly controlled. Since the founding of our constitution, the law has always stood, and will continue to stand for the for see able future.
Fourth Amendment said:
When can an officer conduct a search? An officer can always conduct a search with your consent or with a search warrant. You have a right, however, to see the warrant before the search begins. There are a few exceptions to this however, if there is probable cause as to the affect of a search, then an officer may conduct it. An example could be the sound of gunfire, the origin of which clearly being dictated as 'that house'. Probable cause slams into a concrete barrier however if the officer(s) involved fail to find any illegal contraband or evidence. At that point, the person(s) being searched may file (a) lawsuit(s) in retaliation to the unfair searching of themselves. You obviously lose the fourth amendments powers when under arrest, your person only (property is still protected).
When Can an Officer Search Without a Warrant?
Body Searches.
If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods, and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities.
Home Searches.
In emergencies, such as when an officer is trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant.
If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms—and even other parts of the same room—are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, which is in plain sight.
Car Searches.
Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason—such as a broken taillight—they can take any illegal goods in plain sight.
If you, your home or your car is searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, it does not always mean that your case will be dismissed.