The police have the power to conduct lawful searches. Nonetheless, citizens also have rights under the Fourth Amendment of the U.S. Constitution that protect them from unlawful searches.
It’s important to recognize whether or not the search against you was unlawful. Here are some indications that it might have been unlawful.
You did not consent to the search
If police officers show up to your property and you invite them in to take a look around, this may be equivalent to consenting to a search. However, if you refuse to open the door but the police barge in, this may be unlawful. You cannot be pressured into giving your consent for a search.
No valid warrant
Without consent, police officers typically need a search warrant. This is a legal document that has been signed off on by the relevant magistrate. It should specify the property subject to the search. It should also be dated and include the scope of the search. For example, it should clearly state that electrical devices will be seized from your property.
A warrant for another address is not valid and neither is a warrant that’s date has expired.
No exigent circumstances
The police are allowed to enter without a warrant if there are “exigent circumstances.” It means they need to enter urgently for a very important reason. Examples could be if they believe someone is about to be harmed, or evidence is about to be destroyed. If the reason the police offered as justification was untrue or improbable, you might be able to argue they did not have exigent circumstances after all.
If you have been charged based on a search, it is important to assess the validity of that search. Seeking legal guidance will help you to do this.