Illegal Search and Seizure. What is it? 4th Amendment Rights Explained.
What Happens if an Officer Trespasses onto a Property with a Fence and Privacy Sign Without a Warrant and Finds Something Illegal?
The Fourth Amendment to the U.S. Constitution protects your right to privacy by stating 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.”
But what happens when law enforcement trespasses onto private property, particularly one surrounded by a privacy fence or marked by “no trespassing” or “private property” signs, and finds something illegal?
Fourth Amendment and Property Rights
A recent Arizona case, State of Arizona v. Cody Mitchell Lohse, has significant implications for property owners’ Fourth Amendment rights. The case addressed whether police officers had the legal right to enter Lohse’s property—without a warrant—where they discovered illegal substances, firearms, and drug paraphernalia.
Lohse argued that the officers trespassed onto the curtilage of his home, violating his Fourth Amendment rights because they entered through two fences, one of which had a clearly posted “private property” sign. The curtilage is the area immediately surrounding a home that enjoys similar privacy protections as the home itself.
Court Ruling: Trespassing Officers Violated the Fourth Amendment
Initially, Lohse was convicted of several drug-related offenses. However, upon appeal, the Arizona court found that if the privacy fence and no trespassing sign were indeed present, the officers’ warrantless entry onto the property constituted a Fourth Amendment violation.
Chief Judge Peter Eckerstrom, writing for the court, stated, “Because law enforcement officers without a warrant are no more privileged to enter the curtilage of a home than the general public, entry under such circumstances would constitute an unreasonable search under the Fourth Amendment.”
The unanimous decision recognized that property owners have a reasonable expectation of privacy, particularly when they have erected fences and posted signs indicating that the property is private.
What Does This Mean for You?
This case underscores the importance of Fourth Amendment rights and the protections it offers against unreasonable searches and seizures. Law enforcement officers cannot simply disregard private property protections by crossing fences or ignoring signs, especially without a valid warrant.
If officers trespass onto your property, even if they find illegal contraband, you may have grounds to challenge the legality of the search and suppress any evidence obtained as a result. In many cases, suppression of this evidence can lead to a reduction in charges or even a dismissal.
Protect Your Fourth Amendment Rights
If you believe your Fourth Amendment rights have been violated due to an unlawful search or trespass by police officers, you need an experienced and aggressive Arizona criminal defense attorney to fight for you. At the Litwak Law Group, we have extensive experience challenging unlawful searches and protecting the rights of our clients under the Fourth Amendment.
