The U.S. Constitution guarantees that “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” This protection comes from the Fourth Amendment, which the founding fathers of our country included to protect us from government intrusions into our homes and personal belongings. At the time the Constitution was drafted, the British government often issued “general warrants,” which did not require any cause for a British Soldier to search a colonist’s home. The Fourth Amendment was adopted to protect us from such generalized searches.
Unreasonable Searches In Rhode Island
Each state has its own constitution, with language that mirrors the U.S. Constitution. For example, the Rhode Island Constitution provides protections from unreasonable searches in Article I, Section 6.
It explicitly provides that:
“[t]he right of the people to be secure in their persons, papers and possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue, but on complaint in writing, upon probable cause, supported by oath or affirmation, and describing as nearly as may be, the place to be searched and the persons or things to be seized.”Rhode Island Constitution Article I, Section 6
Similarly, Massachusetts, Article XIV of the Declaration of Rights provides that:
“[e]very subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions.” Massachusetts also has a warrant requirement to conduct said searches and seizure. In addition to these state-specific constitutional protections, the U.S. Constitution’s Fourth Amendment specifically applies to the States through the Fourteenth Amendment.Massachusetts Constitution Article XIV
Although the language of the Fourth Amendment does not specifically say that police need a warrant to conduct a search, the U.S. Supreme Court has interpreted “unreasonable searches” to mean just that – police need a warrant to conduct a search of one’s home or other property.
This general rule requiring a warrant to search is subject to many exceptions, which are not all listed here. The automobile exception, however, is one recognized exception to the warrant requirement.
To qualify as a “search” under the Fourth Amendment, two requirements must be met:
- (1) the conduct must be by a law enforcement officer or a private person acting at the direction of a police and
- (2) the actor must intrude into an area where a reasonable expectation of privacy exists.
The expectation of privacy must be subjectively held by the individual subject to the search and accepted as objectively reasonable by the courts.
Examples of Places Where a Reasonable Expectation of Privacy Exists
Include inside homes, hotel rooms, automobiles, closed and locked containers, and certain public places like restrooms or phone booths, and more.
When Police May Search an Automobile Without a Warrant?
In regard to automobiles, the U.S. Supreme Court has ruled that police may search a car without a warrant as long as there is probable cause to believe the vehicle contains evidence of a crime.
This is due to the fact that cars are mobile, and therefore, have the capability of moving away and disappearing, both from the scene and even the jurisdiction of the court before a search warrant may be obtained.
Similarly, cars are highly regulated because they travel on public roads with occupants and contents in plain view, all of which dilute the expectation of privacy.
If police have probable cause to search a vehicle, they may search anywhere inside the vehicle where the suspected evidence may be concealed. This may include the passenger compartment, trunk, glove compartment, under the hood and any containers, whether locked or not, that are inside the vehicle.
Can the Police Search If There is No “Probable Cause”?
If there is no “probable cause” to believe evidence of a crime is in the car, a vehicle may still be searched in certain areas pursuant to other warrant exceptions such as a search incident to an arrest or an inventory search, which will be discussed in a future publication.
If you are facing criminal charges as the result of evidence seized following a motor vehicle stop or search of your vehicle, contact the RI Criminal Defense or MA Criminal Defense Law Office of John L. Calcagni III, Inc. today at (401) 351-5100 for a free consultation or email us at firstname.lastname@example.org. We have a proven track record, spanning more than a decade, of fighting unconstitutional searches and seizures with motion suppress. Let us help you!