Although Americans are protected from illegal searches and seizures by the 4thAmendment, many are confused as to what this means, practically speaking. The following are some common questions regarding searches and seizures and the answers.
When are police “searching” during an investigation?
The court will determine this by asking first if the person whose home or car was being searched expected a degree of privacy. Secondly, they will ask if the expectation was reasonable. If the court determines the expectation of privacy to be legitimate, the investigation can be considered a search and any evidence discovered cannot be submitted to the court.
Categories: Search & Seizure