Question

why do police have to follow certain guidelines​

Answer 1

Answer:

Police officers work hard to ensure people are following the rules, but they need to follow the rules as well. One of the main functions of a police officer is to get information and gather evidence. Police must follow the United States Constitution when performing their duties as peace officers.

Answer 2

Answer:

The police cannot use such evidence in your criminal case if they violate these constitutional rights. A criminal defense lawyer can argue that police violated your constitutional provisions and prevent evidence from being used in court.

4th Amendment Protections – Unlawful Searches and Seizures

Everybody has a constitutional right to be free from unlawful searches or seizures under the 4th Amendment. But, most people don’t understand how to exercise this right or that you can refuse a police officer’s request. A police officer does not have to inform you of your constitutional right to refuse a search and it is up to you to exercise your rights.

Everybody has a 4th Amendment right to be free from unlawful searches and seizures. But there are some exceptions, which include the following:

If you are on parole in most states like California

Going through some kind of public security screening such as at the airport, a courthouse, or city hall

Where public safety overrides your constitutional rights

Police officers have a right to ask for your license and registration during a traffic stop. They do not have the right to search your trunk, under your seat or glove box without your consent, probable cause, or a warrant.

This constitutional protection is important in all criminal cases. Most cases are about violated constitutional rights. Police officers can search your car, come into your house, or look in your bag when you consent to the search. Most people say, "yes" without realizing that they have given up an important right.

Defense lawyers can argue that your 4th Amendment rights were violated if your property was searched without consent, a warrant, or probable cause. This generally occurs in a hearing known as a motion-in-limine. The unlawfully seized items can be prevented from being used as evidence against you in court.