do police give back illegal contraband if obtained illegaly

Supreme Court decides whether the investigatory method constitutes a search for purposes of the Fourth Amendment its decisions are binding on all states.Ī search warrant is a kind of permission slip, signed by a judge, that allows the police to enter private property to look for particular items. Where the line is drawn, however, is not always clear and can vary from state to state. The general rule is this: if the investigation method is highly artificial and high-tech, it's likely to be considered a search. However, they probably cannot use sophisticated equipment to discover what is on your property or to eavesdrop on your conversations (unless, of course, they get a warrant or qualify for one of the warrant exceptions).

How does this play out in real life? Law enforcement officers are allowed to take aerial photographs or come close enough to overhear your conversations.

Or, if the situation calls for prompt action (the need to stop a drug deal in progress, for instance), they may enter your dwelling without a warrant. The police can then use what they have seen on your property in order to get a search warrant. Generally, a search takes place if the police have to enter your property in order to view contraband or evidence of a crime. If the answer to either of the above questions is “no,” then the investigation is not a “search.” Is the person's expectation reasonable - that is, one that society is willing to recognize?.Did the person expect some degree of privacy?.If my car is towed and impounded, can the police search it?Ī police investigation constitutes a search if it intrudes on a person's 'legitimate expectation of privacy.' Courts ask two questions to determine whether a person had a legitimate expectation of privacy in the place or things searched: If a police officer pulls me over, can she frisk me or search my car? What are the police allowed to do after they obtain a search warrant?ĭo the police always need a warrant to conduct a search?Ĭan my roommate - or my landlord - give the police permission to search my apartment? What is a search warrant and what does it take to get one? When is a police investigation considered a search? Your right to privacy when the police come knocking, pull you over, or stop you on the street.

Do police give back illegal contraband if obtained illegaly