What Is “Search and Seizure,” and What Are My Rights?
One of the most important protections in the U.S. Constitution is the right to be free from unreasonable searches and seizures. The Fourth Amendment limits the power of law enforcement to intrude into your private life without justification, and California courts take those protections seriously. Yet, many people are uncertain about what those rights mean in practice. It’s natural for the average person to question, “When can the police search me, my car, my home, or even my phone, and what happens if they overstep their bounds?”
Understanding search and seizure law is critical because it can directly affect whether evidence against you is admissible in court. If you are facing criminal charges in San Bernardino County, contact Attorney John D. Lueck to speak with an experienced Rancho Cucamonga criminal defense lawyer intent on protecting your rights and getting the best result for you.
The Basics of Search and Seizure
The Fourth Amendment to the U.S. Constitution and Article I, Section 13 of the California Constitution both protect individuals from “unreasonable searches and seizures.” A search typically refers to law enforcement examining your person or property to find evidence. A seizure occurs when police take possession of your property or restrain your freedom, such as by placing you under arrest.
In general, law enforcement needs a warrant supported by probable cause to conduct a search or seizure. However, courts have recognized numerous exceptions that allow police to act without a warrant in certain situations.
When Police Can Search You
If police stop you on the street, they cannot automatically search you. To pat you down for weapons, officers must have a reasonable suspicion that you are armed and dangerous. A full search of your person usually requires an arrest, since California law allows a search “incident to arrest” for officer safety and to prevent destruction of evidence.
Searches of Your Vehicle
Cars present unique issues in search and seizure law. Because vehicles are mobile and heavily regulated, police have broader authority to search them than they do with homes. If officers have probable cause to believe your car contains contraband or evidence of a crime, they may search it without a warrant.
For example, if police smell marijuana or see an open container of alcohol, they may have probable cause to search. However, a simple traffic stop for speeding does not justify a full search unless other circumstances provide probable cause.
Police may also search your car if you consent, though you have the right to decline consent. If you say yes, any evidence found may be used against you, so it is important to understand that consent is voluntary.
Searches of Your Home
The home is afforded the highest degree of constitutional protection. Police generally need a search warrant signed by a judge to enter and search your home. Exceptions exist if there are exigent circumstances, such as imminent danger to life, the risk of evidence being destroyed, or if you give consent to enter.
Without a valid warrant or a lawful exception, evidence found in your home may be excluded from trial.
Searches of Your Phone or Digital Devices
In the digital age, your phone and other devices hold vast amounts of personal information. In Riley v. California (2014), the U.S. Supreme Court ruled that police generally need a search warrant to access the contents of a cell phone seized during an arrest. This means that, unless you give consent, police cannot simply scroll through your text messages, photos, or browsing history without judicial approval.
Challenging Illegal Searches
If police conduct a search or seizure that violates your constitutional rights, your defense attorney can file a motion to suppress evidence under California Penal Code § 1538.5. If the court agrees that the evidence was obtained unlawfully, that evidence cannot be used against you. In many cases, suppression of key evidence may result in reduced charges or even dismissal of the case altogether.
Why Legal Representation Matters
Search and seizure law is complex, with dozens of exceptions and case-specific rulings that shape how the rules apply in practice. Police and prosecutors may argue that a search was legal under one of the recognized exceptions, but a skilled criminal defense attorney knows how to scrutinize those claims.
An experienced lawyer can:
- Analyze whether law enforcement had probable cause or a valid warrant.
- Investigate whether consent was truly voluntary or coerced.
- Challenge improper searches of vehicles, homes, or phones.
- File motions to exclude unlawfully obtained evidence.
For someone accused of a crime, these defenses can make the difference between a conviction and a case being dismissed.
Protecting Your Fourth Amendment Rights in San Bernardino County
If you believe your rights were violated during a search or seizure, do not assume that nothing can be done. Evidence obtained illegally can—and should—be challenged in court. The stakes are too high to face the criminal justice system alone and leave your fate in the hands of the government.
Attorney John D. Lueck, an experienced Rancho Cucamonga criminal defense lawyer, understands the intricacies of search and seizure law and how to fight aggressively to protect his clients’ rights. From minor misdemeanors to serious felony charges, he works tirelessly to ensure that unlawful police conduct does not undermine justice.
If you are facing charges, reach out for a consultation and let a skilled California criminal defense attorney put the law on your side. Contact us online or reach attorney Lueck directly on his cell phone at (909) 646-2736.
