The court uses a two-part test to determine whether or not you had a legitimate expectation of privacy at the time of the search.įirst, the court asks whether you actually expected privacy and whether your expectation of privacy was objectively reasonable.įor example, if a police officer pulled your car over and noticed evidence on your passenger seat, that evidence could be admissible because it was in plain view and you were not objectively reasonable in expecting privacy. The Fourth Amendment only governs searches where you have a legitimate expectation of privacy, such as in your home. To protect your privacy, the Fourth Amendment protects you from unreasonable searches and seizures.Īs a result, the police need a warrant and probable cause that they can find evidence in order to search your property. The police’s ability to search your property, make arrests, and take your property as evidence must conform to the limitations of the Fourth Amendment. (Last Updated On: October 24, 2018) What are Search and Seizure Laws Personal Injury Lawyers Near Me Tucson Az.Sean Thrush: Family Law Attorney Tucson.
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