The Law of Search and Seizure is governed by the 4th amendment in the United States Constitution. Miranda Rights The 4th Amendment deals with the right of the people to be secure in their persons, houses, against unreasonable searches and seizures, unless the police obtain a search warrant setting forth probable cause explaining with particularly the place to be searched and the things to be seized. This means that the 4th Amendment gives Americans protection against unlawful searches and seizures. When a police officer or another investigator wants to search someone's private property it requires a search warrant based on probable cause that the subject of the warrant has committed a criminal act. A police or other law enforcement officer must provide reasonable evidence and explanation as to why they issued the search warrant. The difference between reasonable suspicion and probable cause is that reasonable suspicion is more of a hunch, where as probable cause is the logical belief, supported for facts, that a crime has been, or will be, committed.
One of law enforcements greatest assets in the war on crime is the use of search warrants. Search warrants enable the police to enter someone's home and search it for various types of contraband so long as they obtain a search warrant which has been signed and approved by a judge. read about privacy rights in hotels In order for the police to obtain a search warrant, they must show a judge that they have probable cause to believe that contraband will be found in a defendant's home. If they can do that, then they are granted a search warrant.
Criminal defense attorneys in Pennsylvania may approach drug charges in a number of ways. Sometimes they will advocate on behalf of their clients by questioning the accuracy or reliability of evidence such as witness statements or laboratory analysis, and in other cases they may question the actions of law enforcement officers or dispute the facts as presented by prosecutors.