If the police are trying to build a case against you, one thing they will hope to do is collect evidence that links you to the crime they believe you have committed.
The evidence they are looking for (if indeed any exists) could be found anywhere from your home to the street. So when can the police take it? Can they always do so, or are there limits?
They can only seize evidence in certain circumstances
The Fourth Amendment protects people from unreasonable searches and seizures. It requires that in most cases, the police will need a warrant if they wish to search your property for evidence.
By contrast, the police do not need a warrant to gather evidence that is in plain sight in a place they are legally entitled to be. So, for example, if the police can see you have a bag full of drugs in a public park, they can seize it. Or if they want to go through the rubbish in the bin you put out on the road for collection, they can also do so without the need for a warrant.
Occasionally the police can seize evidence from your property without a warrant
While most of the time you will not have to worry about the police entering your property and taking evidence without your permission, there are exceptions. If they believe they need to enter because someone is in immediate danger, they might also be able to grab evidence they see. If they believe evidence is about to be destroyed, they may also be justified in entering your property and seizing it.
If the police have evidence against you that you believe they did not have the right to take, it’s important to look into your legal options. In some cases, it may be possible to ask the court to exclude that evidence from proceedings.