The 4th amendment typically applies to police searches involving drug crimes. The 4th Amendment of the Constitution of the United States protects citizens from unreasonable searches and seizures. Heroin Crimes So, when exactly can police search an individual, specifically a person’s vehicle? There are several ways a police officer can obtain legal authority to do so. The first is the long drawn out process of obtaining a search warrant. The officer must outline specifically where they will be searching and must provide a reason or justification as to why the search is necessary, and a judge must sign off on the search. However, this is not how most officers obtain legal authority to search an individual’s vehicle. Most searches are based on probable case (PC) alone. PC is essentially certain factors are present during an interaction with police that leads the officer to believe a crime has been committed. This gives the officer a reasonable ground to base the search off of. For instance, a very common form of PC is the presence of marijuana odor admitting from the individual’s vehicle. If during the course of a traffic stop, the officer detects the odor of marijuana, that officer can use the presence of the marijuana odor as PC and search the vehicle without needing a warrant.
In Drug Crimes dealing with Police searches, Probable Cause is probably one of the most well established legal terms. Drug Delivery This is because many cases have made their way through all levels of the courts and those decisions have set presidents of what does and does not constitute PC. All the officer has to establish is that a reasonable belief that a crime had been committed. The courts however, still have a tough job of balancing the rights of citizens against the interference with police duties. The framers of the constitution did not want the government to have the authority to unreasonable search someone. However, the burden on the part of the officers must not be so high, that criminals are not being apprehended. Because the line between what does and what constitute PC is unclear to most citizens it is important that if you are charged with a crime that was uncovered during a police search, to have good legal representation. A good defense lawyer will look at the police procedures to ensure that they did not violate any of your rights when searching you or your vehicle. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will help you fight for the best outcome given the facts of your case.