The 4th Amendment guarantees one of the fundamental civil rights to all American citizens: the right to be free from unreasonable search and seizure. The drafters of the United States Constitution were afraid of a government that could freely, at will, search the home or the person of a citizen with no pretense other than suspicion.
The U.S. Supreme Court has clarified the meaning of the 4th Amendment, stating that the general rule is that, to search one of the four items enumerated in the Amendment (persons, houses, papers, and effects), the police would need a search warrant. This is the state of the law today, but, like most legal rules, there are exceptions. These include emergencies, the hot pursuit of a suspect, and spoliation of evidence. Likely though the exception that is most often invoked by the police is the consent exception.
Police do not need a warrant, suspicion, or truly any reason whatsoever to approach a citizen and ask questions. These questions can be about anything, including possible crimes, the existence and location of evidence, or the identity of accomplices. If there is no arrest, there is no need for Miranda warnings, and if police are not conducting a search, there is no need for a warrant. The police can even ask to search a citizen’s body, bag, car, or home. Without a warrant, the citizen has every right to say no to bag searches and the like. However, if the citizen says yes, then the police can search and seize anything illegal that they find.
The language of the 4th Amendment secures the right of the people to be free of “unreasonable” searches. If you are the owner of property, and you allow police to search it, that is completely reasonable under the law. Furthermore, it does not have to be you as the owner allowing the police in. It could be a co-owner, a spouse, or anyone the police reasonably believe has the right to grant entry. Anything illegal seized can and will be used as evidence against you in court.
Police often depend on the ignorance of their suspects to collect evidence of crime. You can refuse entry to your home to the police, and if the police search illegally, any evidence seized can be excluded from use against you.
An experienced criminal law attorney in Illinois can get unconstitutionally seized evidence thrown out of court, and can help you beat criminal charges. If you have been charged with a crime, do not wait. Contact the Law Offices of Thomas Glasgow, Ltd. today at 847.577.8700.