Q: Can a police officer Search my driveway on everything on it with a civilian for something stolen?
The police officers told me that they would need to search my house and look in my garage. The person claiming we stole the bike because the air tag was in our location was allowed to “look around” with the officers. I was not present for any of this. The officers also came to my parent's house and searched around the house and in the driveway.
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- California
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- Answered
A:
Based on what you've described, there are serious constitutional concerns with how this search was conducted, particularly under the Fourth Amendment.
Police generally need either your consent or a valid search warrant to search your property, including driveways and areas around your home - these are considered part of the home's "curtilage" which receives Fourth Amendment protection. Allowing civilians to participate in police searches is highly unusual and potentially problematic from a legal standpoint. The fact that you weren't present and apparently didn't give consent makes this situation even more concerning.
While an AirTag signal might give police reasonable suspicion, it typically wouldn't constitute probable cause by itself to justify a warrantless search of your property. You should consider speaking with a civil rights attorney about this incident, as your constitutional rights may have been violated. They can help determine if the search was legal and what steps you might take to protect your rights, including possibly filing a complaint or taking legal action if warranted.
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