In some cases, the authorities may completely disregard your rights and enter your home or search your car without permission.
The fourth amendment says: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” However, in some cases, the authorities may completely disregard your rights and enter your home or search your car without permission.
What Constitutes an Illegal Search and Seizure?
If the police do not have probable cause or a search warning, any search and seizure they perform is done illegally.
A warrant is a document issued by a judge allowing the police to enter and search your home, car, or even you. This helps police investigate their cases. Generally, warrants are issued only based on the evidence the police have gathered so far, presented to the judge as reasoning for why the search must be conducted. If the judge agrees with the police, they issue the warrant.
This document is based on the concept of probable cause, as it describes that there is a reasonable basis for believing someone committed a crime. But, in some cases, probable cause can also be used to justify a warrantless search and seizure, especially when the police argue there were essential time constraints. As you may suspect, search, and seizures are easily abused by authorities and can impact virtually every American.
How Can You Protect Yourself?
If the police illegally search anything on your property and they do not show you a warrant, contact an experienced lawyer as soon as possible. If, based on the evidence, they find they also arrest you, tell them you want a lawyer, and then say nothing until your attorney gets there.
If the search and seizure was done illegally, a lawyer can have all evidence gathered this way dismissed. Even so, remember that the police may try to ask you questions and get you to give them more information. Some may even give the promise of a deal if you cooperate, but you’re still better off waiting until your lawyer gets there. Anything you say to the police, even in the car, is on the record and can be used in your case.
Note that in some cases, search and seizures don’t result in immediate charges. Don’t assume you’re safe just because nobody’s knocked on your doors yet. Get in touch with a lawyer the first moment you can.
Hire a Criminal Defense Lawyer Now
Zuck Legal is here to assist victims of illegal search and seizures in fighting back and protecting their rights. If you or a loved one is in this situation, get in touch with us now for a consultation and legal advice on moving forward with your case.
Contact our legal team today using this form or calling our office at (888) 628-8838 to find out more about our services and how we can help you.
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