|
By Lee Lofland © 2005
As a police detective, I served numerous search warrants, but my preferred method of searching someone and their property was with the suspect's permission - preferably written permission. A consent search saves police officers tons of time and paperwork, and probable cause does not have to be established prior to the search.
There are a few rules officers must follow when conducting a consent search. The person authorizing the search for the specific property must do so voluntarily, without threat or coercion from the officers who are requesting permission. If that same person refuses to allow officers to search, the police cannot use their refusal as probable cause to obtain a search warrant.
Consent to search also must either be in the form of a written statement or as a positive verbal commitment from the suspect. A simple nod of the head, or an "I guess it's okay," from the suspect is not enough to allow a search.
The person who grants the authority to search must also have authority over the property; for example, they could be a landowner or tenant. However, a landlord cannot consent to a search of his tenant's property, and a hotel desk clerk cannot give permission for the police to search the room of a guest. Underage children also cannot give permission for police to conduct a search of their homes. Some courts have even ruled that parents cannot authorize a search of their children's rooms if those offspring are over the age of 18.
Property that has been abandoned, such as a car left on the side of the road for several days, can be legally searched without a warrant. Pocketbooks, wallets, trunks, luggage, boxes, and bags are all fair game for the police if they've been left abandoned in a public area.
Another favorite of mine is the search of household garbage that has been placed on the street for collection by city sanitation workers. In many jurisdictions, it is legal for the police to sift through garbage cans without a warrant to look for evidence of a crime.
Private citizens can conduct searches and relay their discoveries to the police. The police cannot, in any way, direct or encourage a private citizen to conduct a search, but they can use the information received as probable cause to obtain a search warrant.
Police officers are also permitted to conduct surveillance in any place that is considered public, or in open view. They are also allowed to conduct aerial surveillance of someone's property without a search warrant. Aerial surveillance is often used by narcotics officers to detect methamphetamine labs and marijuana-growing operations. This information can be used to direct ground teams to the plants and labs, or, if the area is private property, for probable cause to obtain a search warrant.
So, next time a helicopter flies over your house, think twice before removing the warning tags from your pillows.
Until next time, I'm 10-7, out of service.
<< BACK | 
