DC Law Enforcement Searches

In the course of a criminal investigation, police may sometimes find it necessary to search a suspect’s person, home, or vehicle. The legal requirements for DC law enforcement searches are strict, and an experienced criminal defense lawyer could help identify constitutional violations that may affect a case.

Different Types of Searches

The main differences between personal searches, vehicle searches, and the search of a person’s home are the rules and laws that regulate these types of searches. A personal search is a search of a person’s body, including a pat-down of their clothing, a search of their pockets, a search of the interior of their clothing, and a search of any bags that they may have on their person, such as a backpack, a purse, or a handbag. It is a search of what a person is carrying or has on their person.

A vehicle search is a search of a vehicle. Given that vehicles are mobile and can move around, there are certain unique laws that have developed regarding when and under what circumstances a vehicle can be searched. Generally, there may be a legal distinction between searching the passenger compartment of the vehicle as opposed to the trunk. Similarly, there may be probable cause to search the passenger compartment but no probable cause to go into a trunk or into a locked glove box.

Searching a Home

There are unique and distinct rules regulating the search of a person’s home. the home is private and is protected from the search, and the government must have some valid legal reason to search the home. That reason could be a warrant or probable cause, such as looking through a window and observing criminal activity going on. In many cases, warrants will be limited. There may be one room of the home that can searched under a warrant but not the entire property, for example. Similarly, police might be able to go into certain areas of the home but not into the drawers or other containers within the home.

Refusing a Search

A person can always refuse to consent to a search, but in many circumstances that may not matter. For example, if a police officer has a search warrant for a property, it does not matter if the person refuses to give consent, the police have a legal right to conduct the search.

If the police do not have a warrant, the person can refuse the search. They have no obligation to cooperate or allow that the search to happen. A person who has been arrested can be searched if they are arrested and taken into custody. If police have a reasonable, articulable suspicion that the person is armed with a weapon, they may pat down the person; essentially, a body pat-down along their torso, arms, and legs is the protocol. If the police feel something that indicates a weapon or something otherwise inherently illegal, they may escalate that search and go into a person’s pockets or clothing.

For example, if the police are patting someone down and feel something similar to the barrel or the handle of a gun, they may escalate the search for that suspected weapon. If they are patting someone down and they feel a small container that may contain drugs, but it is not readily apparent that it contains drugs, the law says they cannot retrieve it. This is called the Plain-Feel Doctrine. A plain feel must indicate something inherently illegal or the object must be a weapon or contraband. If that is not apparent from a pat-down, the officer is not legally allowed to escalate the search and intrude into the interior of a person’s clothing.

Notice of Right to Refuse

An officer should always tell a person that they have the right to refuse a search. Unless the officer has a warrant or the person has been arrested and their person or their vehicle is going to be searched, the officer should advise the person of their rights.

How a DC Lawyer Could Help Following an Illegal Search

Constitutional violations during a DC law enforcement search may invalidate a prosecutor’s entire case and allow a defendant to preserve their freedom. If you believe you have been subject to an unlawful search, contact an attorney as soon as possible.