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).
My Rights
Search and seizure vs. Privacy rights
What counts as a search?
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:
- going through your pockets, bag, cell phone, or computer;
- the use of sniffer dogs;
- a pat-down;
- a strip search;
- giving a breath sample or DNA.
Some searches may feel more invasive than others.