Many people with pending criminal charges have been forced to submit to a search of their home, vehicle or person, which may have resulted in the discovery of incriminating evidence.  The Fourth Amendment of the U.S. Constitution generally protects ordinary citizens against unreasonable search and seizures by the police and other government agents.  The police must have probable cause to believe a crime has been committed and typically a warrant.  The law presumes that a search conducted without a warrant is unreasonable, and the burden is on the prosecutor to demonstrate that the search was legal and not a violation of the Fourth Amendment.   If you are facing a criminal prosecution for a drug offense or some other criminal offense, which is partially based on evidence obtained by police, an experienced criminal defense attorney may be able to get the evidence suppressed based on the search and seizure being illegal.  However, there are some key exceptions that permit a warrantless search including the following:

Plain View Exception: If the officer is lawfully present and observes contraband, the officer is not required to obtain a warrant to seize the contraband.  If the officer is walking on the sidewalk outside your apartment and sees you smoking marijuana with a bong through the window, a warrant is not required to seize the bong and drugs.  Similarly, the officer may see drugs on the seat of your car when he or she pulls you over for speeding.  Because the drugs are in “plain view,” the officer may seize the drugs without a warrant.  A related exception is the open fields doctrine.  This exception basically applies to items in an open field because a person has no reasonable expectation of privacy in an open field.  An example would be marijuana growing on a vacant lot.

Search Incident to a Lawful Arrest: This exception permits the police to search if they are making a lawful arrest.  The rationale behind this exception is that when making an arrest the officer should be able to search for weapons and prevent evidence from being destroyed.  If the arrest is not lawful, then any evidence obtained in a search predicated upon the arrest may be suppressed.

Exigent Circumstances: This is basically an exception that applies to emergencies. Such emergency situations include immediate danger to life or property, preservation of evidence, or prevention of escape of a suspect prior to obtaining a warrant.

Terry Stop (Stop and Frisk): This exception permits a limited stop and pat down for weapons on less than probable cause.  The officer must have reasonable suspicion that a suspect is engaged in criminal activity and be able to articulate specific facts that support the officer’s belief that the suspect has a weapon.  A Terry Stop must be limited in time and scope to confirming the officer’s suspicions.

Consent from Suspect: If you give consent, the police do not need a warrant.  Do not ever give consent!  Make the police obtain a warrant.  Giving consent makes it much more difficult for your criminal defense attorney to challenge the search and obtain suppression of the evidence seized.

Hot Pursuit: The hot pursuit exception permits the police to seize any incriminating evidence that comes into view during the pursuit of a suspect.

These are key exceptions to the warrant requirement for a search and seizure.  An experienced criminal defense attorney may be able to persuade a judge to suppress critical evidence if the search was not conducted with a warrant and no exception to the warrant requirement applies.  If you or a family member have been arrested and subject to a search and seizure, you should seek immediate legal advice from an experienced criminal defense attorney in Pittsburgh.

For an effective DUI defense strategy, call us today at 412-475-9217 or toll free at (855) DUI-CRIME

Experienced Pittsburgh DUI lawyer Michael V. Worgul represents those accused of DUI. If you have been arrested in Pittsburgh or anywhere in Allegheny County, we are prepared to advise you of your rights and help you formulate the most effective DUI defense strategy so call us today at 412-475-9217.