Unless someone turns themselves into the state in a bid for mercy, most criminal cases depend on the evidence that police officers gather. Therefore, the searches are frequently part of criminal investigations, and questioning searches can often be a very important step for those hoping to defend themselves in Georgia criminal court.
The Fourth Amendment protects people from unreasonable searches. There are different kinds of searches that police officers can perform, from padding down somebody’s body to going through their home. There are unique rules that apply to each scenario, but there are generally a very specific times when a police officer can lawfully conduct a search.
Officers often request permission
Arguably the fastest way for a police officer to conduct a search is to simply get the permission of the individual. An officer might casually ask if they could go through someone’s vehicle during a traffic stop or enter their home after knocking on the front door. People who yes in such situations often end up at a disadvantage and unable to get the police to stop searching later.
Probable cause is also justification for a search
Police officers have the authority to intervene to stop a crime in progress. Therefore, if they have probable cause to suspect that there are drugs in a vehicle for some kind of violent crime in progress on private property, they can force entry or search even without the permission of the individual or property owner.
Sometimes, police officers go to the courts to get a warrant, which is how they secure legal permission to conduct a search. If an officer deviated from these rules, then a defendant may be able to challenge the search and the evidence it produced in criminal court. Learning more about common criminal defense strategies will help those facing pending charges in Georgia.