The Police violated your 4th Amendment Right Against Unlawful Searches, Seizures and Arrests.

The person seeking to have the evidence suppressed or excluded must demonstrate that he has “Standing”- a reasonable expectation of privacy with respect to the place searched or the item seized, based upon the totality of the circumstances and must be an expectation that society is prepared to recognize. Persons have no reasonable expectation of privacy over items they throw in the trash and leave out for the curb. Homeowners and renters or those with a right of possession have standing. Overnight guest in most circumstances also have a legitimate expectation of privacy.

The police must have a warrant for an arrest or search based upon probable cause based upon what a reasonable person would believe that a crime has been or is being committed or the place to be searched contains the fruits or instrumentalities of a crime. A police officer may also stop and frisk a person without probable cause if he has an articulable suspicion that criminal activity is afoot. There are several exceptions to the warrant requirement for as follows:

• Consent: No warrant is required if a person with apparent authority to use or occupy the property freely and voluntarily gives the police permission to search. The scope of the search should be limited to the scope of the consent.


• Plain View: The police may seize an item if the police are viewing the object from a location that they are legitimately on and the object seized has an obvious incriminating nature.


• Search Incident to a Lawful Arrest: Incident to a lawful arrest the police may search the person and the areas into which he might reach for weapons or destroy evidence. The police may also make a “protective Sweep” of the area if it is believed to have accomplices that pose a threat to the crime scene.


• Automobile Exception: If the police have probable cause to believe that the vehicle contains fruits, instrumentalities, or evidence (drugs, guns, hostage, and dead body) of a crime, they may search the whole car and any container that might reasonably contain the item which they had probable cause to search.


• Hot Pursuit, Exigent circumstances: Hot pursuit of a fleeing felon. Or Circumstances where the delay to obtain a warrant would result in destruction of or loss of evidence, or danger to life or property.


• Searches at the Border: No warrant required for border restrictions.