Find Articles by Topic:

Nolo Logo

Since 1971, Nolo's goal has been simple: Make America's legal system accessible to everyone. Our website, books, software, online legal forms and lawyer directory help millions of individuals, businesses and nonprofits solve their legal problems each year.

Small text sizeMedium text sizeLarge text size Print this page
 

Search and Seizure FAQ

Your right to privacy when the police come knocking, pull you over, or stop you on the street.

Questions

Answer

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:

  • Did the person expect some degree of privacy?
  • 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, seeĀ Understanding Search and Seizure Law.)

Nolo posts updates to the latest versions of books and software when major legal or practical changes occur. To see if your product has had a recent update, search for that book or software and visit its product page.

Editors' Picks

View all products in
Search, Seizure, & Interrogation

Find A Lawyer

Enter zip or city, state ("Boston, MA")

Advertise Here

Attorney Profiles

Attorneys: Get Listed

Advertisement

Judge Joe Brown Ad
Ask a Consumer Protection Lawyer Online