Police officers are tasked with maintaining public order and safety, investigating crimes, and enforcing laws. However, there can be situations when their actions may cross the boundaries set by the law; such as an illegal search. When this happens, you may wonder if you can sue law enforcement officers for damages. Fortunately, you can, however you should seek legal advice to determine if you have a case for a civil rights violation.
What is an Illegal Search?
The Fourth Amendment of the United States Constitution provides:
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.
The Fourth Amendment prohibits unlawful searches and seizures and protects your right to privacy. This means the police cannot search you or your property without probable cause.
Two main situations typically lead to an illegal search: the absence of a valid search warrant, or the absence of probable cause. Probable cause, according to the law, refers to a reasonable basis for believing that a crime may have been committed or that evidence of a crime is present in the place to be searched.
In Brinegar v. United States, 338 U.S. 160 (1949), the Supreme Court stressed that probable cause existswhere the facts and circumstances within the officers' knowledge, were acquired through reasonably trustworthy information, and are thus sufficient in themselves to warrant a reasonable person to believe that a crime is being committed.
This was further elaborated on in United States v Webb, 623 F2d 758, 761 [2d Cir 1980], whereby the court stated, “[t]he essence of probable cause is a reasonable, objective basis for belief in a suspect's guilt, although not necessarily proof of guilt beyond a reasonable doubt.” This has since become the foundation for determining the legality of searches and seizures under the Fourth Amendment.
Moreover, a search can also be considered “illegal” if the police fail to comply with the scope and restrictions of a legally obtained search warrant. Any search beyond what is authorized in the warrant may render the seizure of evidence unlawful.
It is worth noting however, that a warrant is not needed in certain situations, such as searches incident to a lawful arrest, consent to a search by a person with the authority to consent, emergencies to which officers must respond such as when in “hot pursuit” of a fleeing felon, imminent destruction of evidence, vehicle searches when the officer has probable cause to believe that the vehicle contains contraband, when the evidence is in plain view, or where a person does not have a reasonable expectation of privacy.
What are the notable cases involving illegal searches?
Several landmark cases have shaped the interpretation and implementation of the Fourth Amendment in the context of illegal searches. These include:
- People v Pearson, 59 AD3d 743, 744 [2d Dept 2009]: The court held that without a ‘founded suspicion that criminal activity is afoot’ a police officer may not do more than request information from a person the officer encounters on the street.
- Payton v. New York, 445 U.S. 573 (1980): The Supreme Court held that the police are prohibited from making a warrantless and nonconsensual entry into a suspect’s home in order to make a routine felony arrest.
- Rodriguez v. United States, 575 U.S. 348 (2015): The Supreme Court stressed that, absent reasonable suspicion, conducting a dog sniff search as an extension of a police traffic stop violates the Constitution’s shield against unreasonable seizures.
- Georgia v. Randolph, 547 U.S. 103 (2006): The Supreme Court applied the rule that a physically present inhabitant’s express refusal of consent to a police search is dispositive as to him, regardless of the consent of a fellow occupant.
Seek Legal Assistance to Protect Your Rights Against Illegal Search and Seizure
If you believe you are being illegally searched, it is important to remain calm and polite. Assert your rights without being rude or aggressive and ask for clarification for the reason for the search.
Afterwards, document the incident, and contact an experienced New York civil rights attorney to explore your legal options. If you believe you were arrested or searched without probable cause, you can talk to our legal team to assist you with your civil rights violation case. Here, at Horn Wright, we will help protect your rights, remember, you are not alone. Request your consultation at (855) 465-4622.