Searches and Seizures FAQ
Your right to privacy when the police come knocking, pull you over, or stop you on the street.
» When is a police investigation considered a search?
How private is your property?
What is a search warrant and what does it take to get one?
What are the police allowed to do after they obtain a search warrant?
Do the police always need a warrant to conduct a search?
Can my roommate -- or my landlord -- give the police permission to search my apartment?
If a police officer pulls me over, can she frisk me or search my car?
If my car is towed and impounded, can the police search it?
When is a police investigation considered a search?
A police investigation constitutes a search if it intrudes on a person's "legitimate expectation of privacy." Courts ask two questions to determine whether a person had a legitimate expectation of privacy in the place or things searched:
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Did the person expect some degree of privacy?
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Is the person's expectation reasonable -- that is, one that society is willing to recognize?
If the answer to either of the above questions is “no,” then the investigation is not a “search.” (To learn more about what constitutes a legitimate expectation of privacy, see Understanding Search and Seizure Law.)
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