Search and Seizure

New York, New York Search and Seizure Attorneys

Can the Police Stop Me? Can They Search My Car?

There are several issues that must be considered when your property or person is subjected to a search. In the case of car stops or when police approach you on the street, officers must have a reasonable suspicion to stop you. If they observe something that leads them to believe a crime has been - or is about to be - committed, they have probable cause to search your car or person. In cases involving car stops, if an officer does not observe anything in plain sight that would give him or her reason to think you are guilty of an illegal activity, your car should not be searched.

Likewise, in cases involving searches of your person, only those areas within your immediate control should be searched: if you are wearing a backpack or have a suitcase at your feet, they can be searched. If you have a duffle bag in your locker down at the Y, police can't simply take you there and make you open your locker. Since your locker is not within your immediate control, they must get a warrant first before they can search your locker.

The Patriot Act and the Subway

However, under the terms of the Patriot Act, as well as due to increased concerns regarding threats to the public, law enforcement officers are allowed to search handbags and other personal items in the subway, on busses, and at the airport. If a police officer does not have reasonable suspicion or probable cause, any stop or search is in violation of your constitutional rights and the Fourth Amendment.

Can the Police Search everything in My House / Apartment?

The police cannot simply enter your home - unless you invite them in - without a search warrant. If they have a search warrant, it should specify the items to be search for and the areas to be searched. Some search warrants may specify only a certain area of the premises or indicate the whole premises may be searched.

However, if a search warrant indicates stolen appliances are being search for but the police open your medicine cabinet and look in an aspirin bottle, they have violated the search warrant: a plasma TV will not fit inside a medicine cabinet, let alone an aspirin bottle. If they found illicit drugs in the aspirin bottle, it could not be introduced as evidence against you at trial.

Call an Attorney Immediately if You are Approached by Police

Police often rely on a suspect's lack of awareness about their rights. For instance, police may knock on someone's door, hope they open it wide enough to look inside, and then claim they "saw something" that created the probable cause to enter the premises without a warrant. Or, without making an arrest, they may engage a suspect in conversation and convince them to let them search their home or car. If you voluntarily let police search or enter your home, you can't claim any evidence they found occurred at the expense of your constitutional rights.

If you are approached by police, refer them to your attorney, especially if they claim you aren't under arrest.