The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. In Virginia, law enforcement must have a valid warrant or legal justification to search a person, vehicle or property. If they violate these rules, evidence found may be inadmissible in court.
Below are some of the most common examples of unlawful searches.
Searching a property without a warrant or probable cause
Police typically need a search warrant signed by a judge before searching a property. The only exceptions to this are if you consent to the search or if the police have probable cause to believe that a crime is in progress, or if there is a legitimate emergency.
If the police enter without consent, a warrant or probable cause, the court may exclude any evidence they find.
Illegal vehicle searches
Police can search a vehicle only under certain conditions, such as having probable cause to believe it contains evidence of a crime. For example, if an officer sees drug paraphernalia in plain view upon stopping the vehicle.
If an officer stops a driver for an alleged traffic violation and searches the car without consent or probable cause, this may constitute an unlawful search.
Unlawful stop-and-frisk
Officers in Virginia can search someone if they reasonably suspect the person is armed and dangerous. However, if an officer frisks someone without reasonable suspicion, the search may be unlawful. For example, stopping and searching someone just because they are in a high-crime area is insufficient justification.
People cannot be searched randomly, and searches must not be discriminatory.
Searches are a key component of police investigations, but they must be conducted properly. If you have been charged based on a search, you can challenge the conduct of officers as part of your defense strategy. Seeking legal guidance will help you explore your options in more detail.
