Some police searches occur because the state already has evidence of criminal activity. If police officers have gathered information conducting a particular individual or location to criminal activity, they can go to a judge to request a warrant.
That being said, many criminal cases develop spontaneously because of something that police officers notice in public locations. What they observe about a person’s behavior may make the officer suspect them of criminal activities. Police officers might search an individual based on suspicion of illegal drug activity and might then arrest them accordingly.
What gives a police officer probable cause to conduct a search without a warrant if they suspect someone of drug possession or a similar offense?
The smell of drugs
Many intoxicating substances have very distinct aromas. Police officers who have smelt burning crack cocaine or methamphetamine previously may know exactly what chemical they smell when they interact with someone who is under the influence or carrying a substance on their person. When police officers have an articulable suspicion based on a specific smell, they can potentially conduct a search to look for certain types of drugs.
Signs of chemical intoxication
Many possession offenses involve an individual possessing a drug by consuming it. When people are out in public and display clear signs of chemical intoxication, their behavior, speech or appearance may give police officers the probable cause they need to conduct a search looking for evidence of drug crimes.
Signs of illicit transactions
Sometimes, police officers witness two people handing off drugs and money to one another. In scenarios where officers witness a drug deal occur, they can potentially use the behavior they witnessed as a justification to search one or both of the parties involved in the alleged transaction.
Probable cause typically means that a police officer can articulate their suspicions of a specific criminal violation, not just overall questionable behavior. Officers need to establish a reasonable explanation for why they stopped or searched an individual. Challenging a search that led to drug charges based on a lack of probable cause could be a workable defense strategy in some cases. The courts may exclude evidence obtained through misconduct or a violation of a defendant’s civil rights.