You get pulled over, seemingly out of nowhere. The police officer demands to search your vehicle. You may feel pressured to allow it. In some cases, the officer might not even seem to give you a choice.
In the process, the officer uncovers drugs or evidence that you committed a crime. What rights do you have in the event of a search and seizure?
What is Search and Seizure?
Search and seizure, in criminal law, occurs when a law enforcement agent goes through a person’s personal property, including a motor vehicle, to find evidence of a crime. Generally, the search portion simply involves officers looking through the motor vehicle. The “seizure” portion of “search and seizure” occurs when law enforcement officers take items found during the search as evidence.
Does the 4th Amendment Protect Against Search and Seizure?
The 4th Amendment does protect against unreasonable search and seizure. Most often, officers will need to have a warrant in order to conduct a search. However, officers may not have to have a warrant if:
- The officer has probable cause to believe the vehicle contains evidence of criminal activity.
- The officer has reasonable suspicion of criminal activity related to the vehicle.
- The officer has lawfully stopped the vehicle for another reason.
- The search occurs at an international border, including the border between Texas and Mexico.
The 4th Amendment also does not apply if the owner of the vehicle, or the driver, gives permission for a search.
How Does Texas Define a “Reasonable” Search?
In order for a search to qualify as “reasonable” under the fourth amendment, one of several things must occur. In some cases, the police may have to have a warrant in order to conduct a search. A judge will determine whether the police officer has proven probable cause and has the right to search a vehicle. In some cases, an officer may have the right to search a vehicle during a routine traffic stop or when stopping a vehicle for another reason. Generally, the officer that searches the vehicle must establish a reasonable suspicion that a crime has been committed and that the vehicle contains evidence.
What Kinds of Searches and Seizures Are Prohibited?
Illegal searches, or prohibited searches and seizures, cover those that occur without consent, without a warrant, and without probable cause. Without one of those three key factors in play, the police do not have the right to conduct a search.
Sometimes, officers may try to pressure the owner or driver of a vehicle to agree to a search. If you end up in that position, you may need to hold firm in your lack of consent. Your lack of consent will prevent that evidence from getting used against you later if the officer cannot establish a reasonable cause for that search.
What Constitutes an Illegal Search?
An illegal search occurs when a police officer does not have the legal right to search a vehicle but does so anyway. Illegal searches might, for example, occur when an officer has a warrant to search another vehicle belonging to the person in question but does not have the right to search that specific vehicle. If the officer does not have probable cause or permission, the officer cannot move on to search the vehicle. Officers also cannot search the vehicle in cases where the owner or driver does not give permission and if they do not have a warrant. Furthermore, an illegal search might occur because the officer decides to search a vehicle with no probable cause. For example, if an officer pulls someone over despite no clear reason and chooses to search the vehicle anyway, it may constitute an illegal search.
What Should I Do If My Rights Have Been Violated?
In the heat of the moment, you may not be sure whether you have the right to refuse a search of your vehicle. Worse, the officer who searches your vehicle may end up with evidence that has the potential to implicate you in a crime, despite the fact that the officer did not really have the right to conduct that search.
Fortunately, you can still protect yourself.
Filing a Motion to Suppress Evidence
Texas Code of Criminal Procedure 38.23 notes, “No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case. In any case, where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.”
If you have had evidence that was obtained through illegal search and seizure entered into the record against you, you may have the right to file a motion to suppress that evidence. A motion to suppress evidence may note that the opposing side in a criminal trial does not have the right to enter that evidence into record at all. If evidence has already been presented in front of a jury, the motion to suppress evidence will ensure that the jury cannot take that information into consideration when determining whether you may be guilty of a crime. Suppressing that illegally-obtained evidence can make it much easier for you to get the “innocent” verdict you’re hoping for.
Legal Help Matters
If someone is having trouble with the law and needs help, we advise you to seek experienced counsel. It’s not worth it to try to do this on your own. We even recommend that other attorneys have their own representation! If you have questions about whether your search and seizure occurred illegally, a lawyer can also help provide you with a deeper understanding of your specific case.
