By District Attorney Ryan Sayers
2023 Vol. 22
This week we are going to continue with the discussion of criminal investigations and I am going to answer another question that I am regularly asked — “Why don’t you just go in and search ______’s home/car/bank account/phone/etc. because there has to be evidence there?”
The Fourth Amendment to the U.S. Constitution states that, “[t]he 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,” and Article I, Section 8 of the Pennsylvania Constitution has very similar language to that of the U.S. Constitution.
These statements in the U.S. and PA Constitutions, and the litany of court opinions interpreting them, clearly set forth requirements that law enforcement and prosecutors have to follow in order to get a search warrant for a suspect’s property.
Specifically, a law enforcement officer has to specifically describe what he or she wants to search for, where the search is to take place, and sign an affidavit with the facts that set forth the probable cause for the search.
In Clearfield County, the officer has to get the approval of one of the attorneys in the District Attorney’s Office before presenting it to the judge for approval.
In answering the original question, there are times that law enforcement has information on a suspect and it would be beneficial to search that person’s home or car or cell phone. However, the information, while believable, does not rise to the level of probable cause that is necessary for a search warrant.
Next week, we will talk about what happens once the police need a decision to be made in regards to an investigation and prosecution (better known as: prosecutorial discretion).
Ryan Sayers is the elected District Attorney of Clearfield County, Pennsylvania.
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