Searches and Seizures in Drug Cases
The Fourth Amendment of the United States Constitution protects an individual against unreasonable searches and seizures of their person or property. A search may involve an inspection of the person or their surroundings or property. Seizure refers to taking the person or property into police custody. Usually, but not always, if a seizure is invalid, it is because the seizure was preceded by an invalid or illegal search.
In many drug cases, the arrest and evidence used to support a conviction generally results from a search and seizure. If the government's conduct violated constitutional limits, the evidence may be deemed by the court to be inadmissible, and the charges may become more difficult to prove beyond a reasonable doubt. This may result in the case becoming unprovable and may be dismissed by the court or the prosecutor. The Law Office of Paul Courtright, P.A. can advise whether the evidence leading to a drug charge may have resulted from an improper search or seizure, as well as other questions regarding the criminal justice process in drug cases.
Searches
A "search" does not occur unless the police investigation intrudes on a person's right to privacy. Consequently, there usually is no search if the police find the drugs or paraphernalia in plain view (e.g., a bag of marijuana lying on the sidewalk or hanging out of someone's pocket). On the other hand, if the police look into a person’s home or into a bedroom drawer to find the same bag of drugs, that conduct will likely be deemed a “search” that may require a pre-existing search warrant. The distinction lies in the person’s "reasonable expectation of privacy." If someone has a reasonable expectation of privacy in an area of their person or property (such as in a person’s house or vehicle trunk), police investigation of that area is deemed a search. If there is no such privacy expectation, or if the expectation is not reasonable, no search has been conducted.
Searches conducted under a judge-authorized warrant are generally deemed reasonable unless the warrant was improperly obtained or defective. A search warrant must describe with particularity the area to be searched and what the police are searching for. The search must be reasonable in relation to the evidence sought. For example, if the police are searching for a car, they can look in a garage. However, the police may not search in a toolbox that is in the garage. Evidence gathered pursuant to a proper search can generally be seized if it relates to the crime being investigated.
Searches can also be valid if they are done with the consent of someone who has control of the property. The person in control of the property does not need to be the owner. However, consent to search incident to an arrest generally is not required; police can search the arrested person and the immediate surroundings for weapons or evidence that might be destroyed. For similar reasons, police may search without a warrant when the search is necessary to prevent the removal or destruction of evidence. This commonly used exception to the warrant requirement is frequently used to justify a search of a person or property. Police may perform a search to protect the public from imminent danger, such as to find a firearm within the perimeter of an elementary school, or to search for fleeing criminals.
Seizures of Persons
There are substantial issues involving the police and law enforcement restricting a person’s movement, or "seizure" of the person. Police interactions with individual people may range from a consensual encounter, to an investigatory stop, to an arrest. The less restraint on a person’s freedom when the police interact with the person, the lower the level of suspicion required for the police to engage in that interaction. For example, if police only stop someone to ask general questions (e.g., asking for the time), all that is usually required is that the police have a reasonable suspicion that a crime has occurred or that the person is in need of assistance. There is no seizure if there is no control by the police and the person feels free to leave. However, when the police stop a person, the person stopped may have a reasonable belief that they are not free to leave.
A person can be seized by an arrest if the seizure is made under the direction of a warrant. An arrest warrant (or “Capias” as it is called in Florida) is a court order authorizing an arrest of a person. When there is a warrant for the seizure of a person, the arrest of that person is presumed valid. The presumption of warrant being valid can sometimes be overcome if, for example, the warrant was obtained on the basis of false or misleading statements made by the officer to the judge. If the police do not have a warrant, the burden is on the police to show that the circumstances justified the seizure. In most instances, the police must show "probable cause" that a crime had been committed, or was going to be committed, and that the person seized was involved in the crime.
If an arrest, or other seizure, of the person is invalid, the person must be released. If the police obtained evidence as a result of the invalid arrest, the court may prohibit the state from using the illegally seized evidence at the person's trial based on the "exclusionary rule." This rule also applies to evidence that was obtained as the result of an invalid search.
Conclusion
The police may legitimately search persons and property, and seize both persons and property, either with or without a warrant if the circumstances justify their actions. If they act without probable cause, however, or exceed constitutional limitations on their actions, both searches and seizures may be deemed invalid and any resulting evidence may be tainted and thus inadmissible. If you have been charged with a drug-related crime and have questions about whether the police may have violated your search and seizure rights, contact The Law Office of Paul Courtright, P.A. now.
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