What is Probable Cause?

When police search your property, it can be painful and humiliating to feel that you have no degree of privacy. Many people do not realize the process that allows police to legally search people and places. It is important to understand the laws behind the warrant process so you can be aware if your rights to privacy are being violated.

The Fourth Amendment

The Fourth Amendment to the US Constitution guarantees American citizens the right to privacy in their person and their personal possessions. The amendment states that no search will be legal nor will a warrant be issued without “probable cause, supported by Oath.” In essence, this protects you as a citizen from having your privacy unfairly infringed upon.

Obtaining a Warrant

Normally, when police want to search your property, they need to acquire a search warrant from a judge, which will give the police the legal right to search a person or an area for evidence of criminal activity, and will also allow them to legally seize these items. To obtain this warrant, the police need to prove to the issuing judge that there is probable cause to infringe upon the citizen's rights to privacy. One common definition of probable cause is a reasonable suspicion that a crime has been committed.

Executing the Warrant

Once the judge has issued the search warrant, the police can enter your home and search for items relating to the search warrant. It is important to understand that they cannot seize items unrelated to the warrant, even if they constitute a crime themselves. For example, if they are searching for drugs, they cannot seize a stolen television. To seize this property, the police would have to obtain an additional warrant. It is also important to realize that, barring a few extraordinary exceptions, the police have no right to enter your home without either a warrant or your expressed permission.

Contact Us

If you or someone you love has been arrested based on illegally obtained evidence, this arrest can stay on your record even if you are acquitted. To clear your name and record of charges you have been acquitted of, contact Rhode Island expungement lawyer James Powderly by calling 401-662-9006.