The fourth amendment of the Constitution of the United States makes unreasonable searches and seizures unconstitutional. Law enforcement officers can, therefore, can generally only search your home under limited circumstances. You may be able to get the court to throw out the evidence collected in your case if the police violate your rights.
What you should know about search warrants
Law enforcement officers can’t just decide to conduct a search and then carry it out. Instead, they must provide a Missouri magistrate or judge with a valid reason for requesting a search warrant first.
There are limits as to what police can search once a judge issues a warrant. Law enforcement may only be able to scour particular areas within a home, for example.
Police may be able to conduct a warrantless search of a person’s home in a few rare instances. Law enforcement officers can do so to prevent the destruction of evidence, if they have probable cause that a fleeing suspect is inside or that someone is in danger of being hurt.
What you should know about consenting to a search
You may think that giving police permission to search your home is irrevocable. That’s not the case, though. You have a right to revoke your consent at any point during law enforcement’s search of your home. Police must immediately stop searching it once you do this. You may be able to ask a judge to throw out any evidence that police locate after you revoke your consent for the search.
Can police search your home following your arrest?
Law enforcement officers can search your home after they arrest you, but generally only in the room in which they took you into custody. They can peek inside adjoining rooms to assess whether accomplices or anyone else lying-in wait to attack them, though.
Why the circumstances surrounding your search matters
Many prosecutors rely heavily on the evidence amassed during a search of your home to try and secure a conviction in criminal cases. Any instance in which a Missouri judge throws out evidence can greatly diminish prosecutors’ chances of winning their case. Your criminal defense attorney will want to know more about what happened leading up to and during your search before advising you whether you can request that a Lee’s Summit judge throw out the evidence in your case.