What are a convicted felon’s search and seizure rights if a warrant was issued only for that person and not the home?
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What are a convicted felon’s search and seizure rights if a warrant was issued only for that person and not the home?
Asked on November 3, 2010 under Criminal Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Citizens are protected by the Fourth Amendment to the US Constitution which guards against unreasonable searches and seizures. In most cases, a search warrant is required to perform a lawful search. An exception to this requirement is a "search incident to a lawful arrest". This rule permits the police to perform a warrantless search during or immediately after a lawful arrest. However, the search is limited to only the person arrested and the area immediately surrounding the person. The purpose of this exception is to protect the officer(s) by locating and seizing any weapons the person has and to prevent the destruction of any evidence on the person. Accordingly, if an arrest is valid, the police may conduct a warrantless search of the arrestee and the area and objects in close proximity (i.e. the "grab area") at about the same time as the arrest.
So for example, an officer is allowed to search your clothing and your personal belongings after arresting you. The police can also search any area nearby where you might conceal a weapon or hide evidence. If you are arrested inside your home, this usually means they can search the room they found you in but not the entire house.
Since you provided no further details of your case, you really should consult directly with a criminal defense attorney. The law on searches and seizures can get quite technical. Procedural improprieties unfortunately can and do occur.
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