Search and Seizure FAQ

Questions:

• When is a police investigation considered a search?
• How private is your house or other dwelling?
• 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?

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, see Understanding Search and Seizure Law.)