Charlotte, North Carolina Police have arrested a man for trafficking cocaine after they were tipped off by a confidential informant. Thereafter, the obtained a search warrant to search the van and the residence of the man suspected of selling cocaine. The man then gave the police consent to search his van and home earlier this week.
As the police searched the home, they discovered 8.5 grams of cocaine, $107,000 in cash, a ledger illustrating drug sales and transactions, and drug paraphernalia. The home was located in a southeast Charlotte apartment, and the man is being charged with felony drug trafficking, maintaining a dwelling for controlled substance, possession of cocaine and possession of drug paraphernalia.
In this case, the man, knowing his house contained illegal contraband, should have insisted on a search warrant when the police entered his house. Officials may not enter the home of a citizen of the United States without a search warrant signed by a neutral and detached magistrate unless the occupant gives them consent.
The Fourth Amendment reads as follows:
- The right of 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.
Therefore, even if you have been doing something illegal in your home, officers must uphold one’s right to privacy within that person’s home. However, if the person offers his consent, this may strip the rights afforded under the fourth amendment.
