“Police searches are governed by the Fourth Amendment, which prohibits all unreasonable searches and seizures and requires that all warrants be based on probable cause and that they particularly describe the place to be searched and the persons or things to be seized.” (Dempsey et al., 2018) Things such as probable cause or reasonable suspicion would constitute a reasonable search. “Reasonable suspicion is used in determining the legality of a police officer’s decision to perform a search. When an officer stops someone to search the person, courts require that the officer has either a search warrant, probable cause to search, or reasonable suspicion to search.” (Reasonable Suspicion, n.d.) For instance, if an officer pulls you over after seeing you throw out a bottle of alcohol, he then has evidence of a crime. The crime is drinking and driving, which allows him to search your car. “An unreasonable search and seizure is a search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present.” (ILLEGAL SEARCH AND SEIZURE, n.d.) An example of an unreasonable search would be if a cop pulls you over for speeding and without probable cause or suspicion of a crime, he searches your vehicle without permission or a warrant.
The Fourth Amendment in the Constitution protects The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. (U.S. Const., amend. IV.) This amendment explains what is considered a reasonable search and what is not.
Most warrantless searches of private premises are illegal under the Fourth Amendment unless specific exceptions apply (LII, n.d.). For example, if a suspect gives an officer consent to search a particular area, it is considered reasonable. Also, if there is probable cause that would cause a warrantless search at that moment, such as imminent danger or evidence that is imminent destruction. Other examples of reasonable searches and seizures of course include all searches that have a warrant signed by a judge. An unreasonable search and seizure occur when a law enforcement personnel conducts a search without a warrant or probable cause that evidence of a crime is present and at risk for loss if officers wait on a warrant (Tabakman, 2019). If any evidence is obtained without legal search and seizure, that evidence will not be admissible in court.
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