What Constitutes an Unlawful Search and Seizure? (w/ Examples)

The Fourth Amendment is a cornerstone of the U.S. Constitution, protecting citizens from unreasonable searches and seizures by the government.

In Ohio, understanding what constitutes an unlawful search and seizure safeguards your rights and ensures fair legal treatment.

Today, let’s discuss the Fourth Amendment, probable cause, warrants, exceptions, and specific search situations like vehicle, stop and frisk, and school searches in Ohio.

Understanding the Fourth Amendment

The Fourth Amendment guarantees the right to be secure against unreasonable searches and seizures of your person, house, papers, and effects.

The Founding Fathers based this protection on a reasonable expectation of privacy and extended it to several situations and locations.

When law enforcement violates this right, it suppresses evidence and potential legal action against the officers involved.

Probable Cause and Warrants

Law enforcement must base a search or seizure on probable cause for it to be lawful. Probable cause exists when sufficient facts or circumstances lead a reasonable person to believe that a crime has been or is being committed.

In most cases, law enforcement must obtain a search warrant from a judge (judicial order) before conducting a search. Judges must also base their issued warrants on probable cause and describe the specific place to be searched and the items to be seized.

Exceptions to the Warrant Requirement

While warrants are generally required for searches, there are several exceptions to this rule in Ohio:

• Exigent circumstances: When there is an immediate threat to public safety or a risk of evidence being destroyed, officers may conduct a warrantless search.
• Plain view doctrine: If an officer sees contraband or evidence of a crime in plain view while lawfully present in a location, they may seize the item without a warrant.
• Consent searches: Officers may proceed without a warrant if an individual voluntarily consents to a search. However, the accused must consent freely and can limit or revoke it at any time.

Vehicle Searches in Ohio

Cleveland Police may search a vehicle without a warrant under certain circumstances.

Probable Cause

If an officer has probable cause to believe that a vehicle contains evidence of a crime, he or she may search the car without a warrant.

Inventory Searches

Officers may conduct an inventory search to document the contents and protect against lost or stolen property claims when they lawfully impound a vehicle.

Consent Searches

As with other situations, if the driver or owner of the vehicle consents to a search, officers may proceed without a warrant.

It’s important to note that racial profiling and searches based on a lack of probable cause are unlawful in Ohio.

If you believe the police have subjected your vehicle to an illegal search, contact an experienced criminal defense lawyer to discuss your options.

Stop and Frisk in Ohio

The “stop and frisk” doctrine allows law enforcement to briefly detain and pat down an individual if the officer reasonably suspects that the person is engaged in criminal activity and may be armed and dangerous.

However, these “Terry Stops,” named after the Ohio Supreme Court case that allows the practice, have come under scrutiny in our state and elsewhere due to concerns about racial profiling and violations of constitutional rights.

According to TERRY v. OHIO (1968), peace officers must have specific, articulable facts that support their reasonable suspicion before performing a stop and frisk.

Vague hunches or generalized suspicions are not sufficient and unlawful. If an officer conducts an illegal stop and frisk, you may ask the courts to suppress any evidence obtained.

Unlawful Searches in Schools

Searches in Ohio schools are subject to a lower standard of “reasonable suspicion” rather than probable cause.

However, school officials must still respect students’ privacy rights and refrain from excessively intrusive searches.

Examples of unlawful school searches in Ohio include:

• Strip searches without individualized suspicion or exacting circumstances.
• Random, suspicionless searches of student belongings.
• Searches based on vague or unsubstantiated tips.

Students and their parents may have grounds to challenge the search and seek legal recourse if a school official or law enforcement violates a child’s rights during a search.

Laws Regarding the Use of Drug-Sniffing Dogs in Searches

Ohio law enforcement may also use drug-sniffing dogs to detect the presence of illegal substances in certain situations.

However, the Constitution limits the use of these animals in the following situations.

Public Places

Officers may use drug-sniffing dogs in public areas like airports or parks without a warrant or individualized suspicion.

Vehicle Exteriors

During a lawful traffic stop, officers may have a drug-sniffing dog sniff the vehicle’s exterior without a warrant. However, prolonging the stop beyond the time needed to address the initial reason for the stop may be unconstitutional.

Homes

Drug-sniffing dogs to sniff a home’s exterior is considered a search under the Fourth Amendment and generally requires a warrant based on probable cause.

Legality of Searching Electronic Devices

Searching cell phones, computers, and other electronic devices raises unique privacy concerns.

The legality of such searches in Ohio depends on the context.

• Incident to arrest: Following a lawful arrest, officers may conduct a limited search of an electronic device if they have reason to believe it contains evidence related to the crime.
• Consent searches: Officers may proceed without a warrant if the device’s owner voluntarily consents to a search.
• Warrants: In most other situations, officers must obtain a search warrant based on probable cause to search an electronic device.

Remember that you can always refuse consent to search your electronic devices.

If officers proceed with a search despite your refusal, inform your Cleveland criminal defense attorney, as this may be grounds to challenge the search in court.

Consenting and Limiting Searches

Consent is a common exception to Fourth Amendment warrant requirements.

When an individual voluntarily consents to a search, law enforcement may proceed without probable cause or a warrant.

However, there are important limitations to consent searches:

• Voluntary consent: Must be given freely and voluntarily. Officers cannot coerce or intimidate someone into consenting to a search.
• Scope of consent: Individuals may limit the scope of their consent to specific areas or items. Officers must respect these limitations and cannot exceed the bounds of the given consent.
• Revocation of consent: You can revoke consent anytime during the search. If an individual withdraws their consent, officers must immediately stop the search unless they have developed probable cause or another exception applies.

It’s important to know your rights regarding consent searches.

You are not required to let officers search you, and more importantly, refusing consent does not constitute probable cause for a search.

Plain Smell Doctrine in Ohio

Like the plain view doctrine, the plain smell doctrine allows Ohio law enforcement to seize contraband or evidence of a crime if they detect its odor while lawfully present in a location.

For example, if an officer smells marijuana during a traffic stop, this may provide probable cause to search the vehicle.

However, the plain smell doctrine is not without limitations:

Officer Training and Experience

The officer must be able to articulate how their training and experience allowed them to identify the specific odor.

Totality of Circumstances

The plain smell of contraband alone may not always justify a search. Courts will consider factors such as the intensity of the odor, the officer’s ability to pinpoint its source, and any other corroborating evidence.

As with other search and seizure law aspects, if an officer improperly applies the plain smell doctrine, any evidence obtained may be subject to suppression in court.

Why Properly Executing Search Warrants Is Important

When Ohio law enforcement obtains a search warrant, they must execute it properly to ensure any evidence seized is admissible in court.

A defective warrant or improper execution leads to suppression of evidence motions and potentially derail a criminal case.

Search Warrant Execution Requirements

The critical elements of a valid search warrant and execution in Ohio include:

• Probable cause: The warrant must be supported by an affidavit establishing probable cause to believe that evidence of a crime will be found in the specified location.
• Particularity: The warrant must describe the place to be searched and the items to be seized with sufficient particularity to prevent overbroad or exploratory searches.
• Execution: Officers must execute the warrant within a specified time frame and during reasonable hours, typically during the daytime unless a nighttime search is expressly authorized.

If your Cleveland criminal defense attorney finds a search warrant defective or improperly executed, he or she will file a motion to suppress any evidence obtained, potentially leading to a dismissal of charges or a more favorable plea agreement.

Protecting Your Fourth Amendment Rights in Ohio

If you believe Ohio law enforcement has violated your rights through an unlawful search or seizure, contact the experienced lawyers at Botnick Law Firm.

Our criminal defense team will assess the facts, advise you on your options, and work to suppress any illegally obtained evidence.

Schedule a consultation to discuss your situation and get the legal guidance you need today to support you during this challenging time.