Monday, April 22, 2013

S is for Search and Seizure

This is the category of criminal law that I study the most.  Amazingly, researching Fourth Amendment rights leads to other rights such as the right to effective counsel, the right to appear in court, etc.  This is one issue that makes me glad to work in criminal defense because police officers really do think they can do anything and access anything.  People's private homes should be safe from unreasonable searches. 

This also makes probable cause hard to define.  Sometimes someone will have marijuana in their garage, but the police can't seize it because they have nothing more than a hunch that there is drug activity.  Police have to notice real fumes, or see it in plain view, or describe exactly what they are looking for.  Though it would be better if people admitted that they have meth and take action to not need it.  Get therapy.  Let the truth set you free.

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