What are my rights during search and seizure?


Although citizens in the United States enjoy a certain amount of freedom from government interference, their privacy is not absolute and has limits. When a police officer is justified and has probable cause, they can search a person’s home, vehicle, or other property to look for and seize evidence of a crime. When a police search and seizure is illegal, it could result in the judge discarding specific evidence. This can significantly benefit your case. If you have been charged with a criminal offense, it is in your immediate interest to retain a talented Baldwin County Criminal Defense Lawyer who can protect your constitutional rights.

Do I have rights during a search and seizure?

The Fourth Amendment to the United States Constitution protects all persons from unreasonable searches and seizures by the government. It is imperative to note that you are only protected from searches and seizures that are deemed unreasonable under the law. Therefore, the police can only conduct reasonable searches. The police can only perform a reasonable search if a judge issues them with a warrant. If the police have obtained a warrant to secure the search, anything they find can be used against you in court.

However, to obtain a warrant, the police must show that they have adequate reasons to believe that a crime was committed and that pertinent evidence connected to the crime is likely to be found in the possession of a particular place or person. This is known as probable cause. If there is no reasonable basis for suspicion, evidence obtained from an unlawful search and seizure cannot be utilized against you since it was acquired illegally. The U.S. Constitution requires police first to convince a judge to issue a warrant. A judge may grant or deny a search warrant request depending on the circumstances. It is imperative to understand that all police searches require a warrant unless one of the exceptions is valid. The only exceptions include consent, exigent circumstances, and plain-view items.

When facing criminal charges, it is imperative to retain quality legal representation. An experienced attorney may file a motion to suppress evidence. This means the court will exclude specific evidence from being used against you if it was illegally obtained through an unreasonable search and seizure. Understanding your constitutional rights is essential to ensuring they are not violated.

If you believe your constitutional rights have been violated through unlawful searches and seizures, our firm is here to assist you in identifying and addressing these issues. Contact us today to protect your constitutional rights.