What Is an Illegal Search?

Contrary to what the police would often have people believe, a law enforcement officer cannot conduct a search of your person, vehicle, or home whenever he or she feels like it. A search can only be conducted when a valid legal reason exists for the search. When a search is conducted without a valid legal reason it is an illegal search. Evidence obtained in an illegal search may be suppressed, meaning it cannot be presented at trial.

The Fourth Amendment to the U.S. Constitution protects us from unreasonable searches and seizures and reads as follows:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Over the years the Supreme Court of the United States has allowed a number of exceptions to the need for a search warrant prior to conducting a search; however, a police officer is still not allowed to conduct a search without cause.

The law allows searches of your person or vehicle under less stringent requirements than a search of your home. A “pat down” or “Terry stop” search, for example, allows a law enforcement officer to pat you down to check for weapons or contraband. Your vehicle can be searched without a warrant because the courts have determined that we have a lessened expectation of privacy in a vehicle that is being operated on a public roadway; however, the officer must still believe a crime has been committed to search your vehicle. Your home remains the most heavily protected subject of a search, requiring a warrant to search unless one of the narrow exceptions to the warrant requirement applies.

If an illegal search is conducted and the search results in evidence of a crime, that evidence may be suppressed, meaning it is inadmissible at trial. For this reason, it is critical that you consult with an experienced Kentucky criminal defense attorney if you are charged with a criminal offense and the police obtained evidence against you in a search that you believe may have been conducted illegally.

The criminal defense attorneys of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience handling criminal defense cases. This experience has enabled the attorneys to achieve the best possible results for their clients time and time again. Your case is important to you; therefore, it is important to us. We represent clients in Hardin County, Jefferson County, and surrounding counties from our offices in Radcliff and Elizabethtown and Louisville.

Contact us at (270) 351-6069 or 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form. We look forward to meeting with you to discuss your legal options.