Typically speaking, the police cannot conduct a search of your yard without a warrant. But even with your Fourth Amendment rights firmly in place, there are scenarios where an officer can look into your backyard without a warrant. In other words, not all warrantless searches violate your search & seizure rights. Keep reading to learn more about your legally protected rights.

The Fourth Amendment ensures that for the most part, your home and its "curtilage" (the attached areas like a backyard) are shielded from police searches that do not involve a warrant. So when does this rule not apply? Let's say for instance that some suspicious items are lying in your backyard, but in a spot that the public can view it. In this instance, an officer could defend a warrantless search. Or they might simply use this information to get a warrant to search the place. It all depends on the specifics of a case.

A Real Life Example

Police get a tip saying that Arthur has run off with anhydrous ammonia, a component of meth. Arthur already has an outstanding warrant under his name. Officers start their search at Tom's house, since he is one of Arthur's known associates (these are not their real names by the way). They find that Arthur's car is parked at Tom's place. The officers travel to the back of the property, and they have to use flashlights because there is no lighting. Then they see that there are "no trespassing" signs.

The officers notice a mobile home and a shed and walk toward the two when Arthur races out of the shed and is instructed to go to the ground, which he does. The officers then see Tom inside of the shed with liquid-filled containers, a hot plate, and obvious drug manufacturing tools, and Tom is told to come out. The officers take pictures, and then they go get a warrant. With this warrant, they uncover more evidence.

In trial, Tom's attorney asks the court to suppress the evidence found in these searches, and the court agrees, because Tom had a reasonable expectation of privacy. The warrantless search was then deemed unconstitutional, and all the evidence that resulted from that search was thrown out of the case.

If you are being investigated for a crime, or if you have been charged with an offense, it is imperative that you understand what your rights are. Whether it is a questionable police stop, a warrantless search, or a failure to read Miranda rights, etc. you may be able to defend your charge based off of an officer's violation of your legal protections. Learn how you can defend your rights and your reputation when you consult a criminal defense lawyer today!