How to Determine the Scope of a Legal Search

The scope of a legal search is usually determined by parameters defined specifically in the search warrant. These parameters can be expanded, of course, by a law enforcement officer who believes that probable cause exists. Knowing how to read a search warrant properly and understanding how probable cause is defined will help you determine the scope of a legal search.

Instructions

Difficulty: Moderate

1. Read the search warrant that is presented by law enforcement officials upon a search. The warrant should define the area or persons to be searched, as determined by a judge who has jurisdiction in the area where you live. The specific rooms and individuals should be listed clearly on the warrant, in language that should be easy to understand.
2. Know that the scope of the search can be extended beyond the parameters of the search warrant if the law enforcement officers make visual contact with suspicious behavior or evidence in areas outside their scope. For instance, an officer can expand the search to another room if a suspect is seen running toward a door or trying to hide evidence.
3. Be familiar with other reasons for probable cause, such as a sudden crash or thud in another room or the odors that might accompany the use or manufacture of illegal drugs. Law enforcement officers use the concept of "exigent circumstances" to determine probable cause, which allows them to act quickly if they believe suspects are trying to flee the scene or evidence is being hidden or destroyed.
4. Determine the scope of a legal search by reserving your right not to consent. As long as you are not creating probable cause by doing so, you may request additional search warrants for areas and individuals not covered by the warrant. You should also understand that your consent to any search (whether it is covered in the warrant or not) makes it legal, so long as you have not been coerced by law enforcement officials.
5. Expect the scope of the search to be expanded if any illegal activities are in plain sight of the officers. For instance, a search can be immediately expanded if a stolen car is spotted in the driveway of the property in question.

Tips & Warnings

• The standards for legal search and seizure are somewhat different for motor vehicles, since the Fourth Amendment is specifically designed to protect people in their homes. Therefore, it is easier for a law enforcement officer to determine probable cause and expand the scope of a legal search when dealing with drivers.