Helpful Articles
Can Police Search My Home or Office Without My Permission?
Having a police officer show up at your
home or place of employment unexpectedly can be terrifying, especially if the
officer is demanding that he or she be permitted to search through your
belongings. Many individuals are intimidated by an officer’s presence and feel
as if they have no choice but to acquiesce to whatever the officer indicates he
or she wants to do. However, you do not necessarily have to allow an officer to
rummage through your belongings just because he or she demands permission to do
so or appears threatening. The Fourth Amendment to the U.S. Constitution along
with Illinois’ constitution and laws give you rights and protections against
this type of activity.
Where Would I Have an “Expectation of
Privacy?”
It
is difficult to say where you would have a legitimate expectation of privacy as
this is a determination made after considering the facts and circumstances of
your case. In almost every instance you have a legitimate expectation of
privacy in your home, your car, a private office (especially if you own the
business), and in your bags such as a purse or backpack. Courts have also
declared you have an expectation of privacy in the contents of your cellular
phone. By contrast, the exterior of
your car – the license plate and make and model, for instance – are not
considered private. Neither are the contents of your trash once that trash has
been removed to the side of the road or where your trash is regularly
collected.
Does a Police Officer Always Need a
Warrant if I Have a Legitimate Expectation of Privacy?
Officers
do not necessarily need a warrant in order to search an item or location in
which you have a legitimate expectation of privacy. There are a number of
exceptions to the requirement that officers obtain a warrant. Some of the more
commonly-invoked exceptions include:
· Consent: If officers
obtain your verbal or written permission to search, officers do not need to get
a warrant unless you subsequently revoke your consent;
·
Destruction of
evidence:
If officers have probable cause to believe that evidence is located in a
private location and that evidence will be destroyed if they leave to seek a
warrant, officers may be able to enter and search without a warrant.
·
Exigent
circumstances:
If there is an emergency or special situation that makes it impractical to
obtain a warrant before searching a private location, the warrant requirement
may be waived. For instance, your car can be searched on the side of the road
if the officer has probable cause to believe evidence of criminal activity will
be found inside. In such a case, the officer generally does not need to obtain
a warrant first.
