The Fourth Amendment protects against unreasonable searches and seizures. When police violate these protections, evidence may be excluded from trial.
Key Takeaways
- Warrantless searches are presumptively unreasonable
- Exceptions exist (consent, exigent circumstances, etc.)
- Illegally obtained evidence can be suppressed
- Fruit of the poisonous tree doctrine
Common Exceptions
- Search incident to arrest
- Consent searches
- Plain view doctrine
- Automobile exception
- Exigent circumstances
Exceptions to the Warrant Requirement
Police generally need a warrant to search your house, but NOT your car. Under the "Automobile Exception," if they have "Probable Cause" to believe the car contains evidence of a crime (e.g., the smell of marijuana, a visible gun), they can search the entire car without a judge's signature.
Other exceptions include "Exigent Circumstances" (chasing a fleeing felon into a house) or "Plain View" (seeing drugs on the kitchen table through an open window).
Fruit of the Poisonous Tree
If the police conduct an illegal search (e.g., stop you without reasonable suspicion) and find a gun, the gun is the "fruit" of the illegal stop (the "poisonous tree"). Your lawyer can file a Motion to Suppress. If the judge agrees the stop was illegal, the gun is suppressed (thrown out). Without the gun, the prosecutor usually has to dismiss the case. This is why analyzing the initial stop is the most important part of defense.
Consent: The #1 Mistake
Police will use psychological pressure: "If you have nothing to hide, let me look." "We can do this the easy way or the hard way."
NEVER CONSENT. Interpreting "implied consent" is a messy legal battle. Say clearly and loudly: "I do not consent to any searches." If they search anyway, let them. Do not fight physically. Your lawyer will fight it in court. If you consent, you waive your Fourth Amendment rights, and we cannot fix it later.
Your Freedom is On the Line—Don't Wait
Criminal charges move fast. The decisions you make in the first 24 hours—like speaking to police or consenting to a search—can decide your future. We are available for urgent legal representation.
We offer a free, confidential consultation to discuss defense strategies.
Speak to a Defense AttorneyCan police search my phone?
Generally, no. The Supreme Court ruled in Riley v. California that police need a warrant to search the digital contents of a validly seized cell phone. Do not give them your passcode.
Disclaimer: This article is for general information only and is not legal advice.