My Rights

Search and seizure vs. Privacy rights

What counts as a search?

It is important to understand what counts as a “search” under the law, because police are restricted in when they can conduct a search and in what they can do when they conduct the search. (If it does not count as a “search” then the police may not be restricted in the same way).

Your right to privacy includes your right not to have your body touched, your right to privacy in and around your home, in your car, in school, or in prison, and in your own personal information, including your right to hold back your information from the police (or other state agents).

Here are some examples of activities that have been recognized as a search:

Some searches may feel more invasive than others.

What counts as a search?
What counts as a search?
When can police search me?
When can police search me?
What is consent and why is it tricky? What if police tell you to open your bag or ask what is in your pockets?
What is consent and why is it tricky? What if police tell you to open your bag or ask what is in your pockets?
What should I do if I do not consent to a search?
What should I do if I do not consent to a search?
Can police search my phone or text messages?
Can police search my phone or text messages?
Can police take my DNA, do breath tests or take bodily samples?
Can police take my DNA, do breath tests or take bodily samples?
What do I do if I think a search violates my rights?
What do I do if I think a search violates my rights?
Can police strip search me?
Can police strip search me?
Are there rules around how police can search me?
Are there rules around how police can search me?
Can the police take anything from me (seizure)?
Can the police take anything from me (seizure)?