The 4th Amendment Search & Seizure
To protect personal privacy, and every citizen’s rights to be free from unreasonable government intrusion into their persons, homes, businesses, and property—whether through police stops of citizens on the street, arrests, or searches of homes and businesses.
Sometimes law enforcement, police officers, may interfere with the fourth amendment rights under limited circumstances, or using certain methods.
The 4th Amendment and what exactly does it protect?
In the world of criminal law, the fourth amendment, search and seizure extends the protection of a law enforcement officers or police officers apprehension or “Seizure” of a person, by stopping or arresting . The amendment for search and seizure will allow police officers or law enforcement to search any of your personal items, including: luggage, clothing, person, house, motel, hotel, apartment, and where you work to name a few.
The important things to remember during a search and seizure the items that are seized during the search may or may not be used as evidence in criminal charges. The Fourth Amendment provides safeguards for individuals in the following examples.
- You are walking down the street and the police stop you and begin questioning you.
- You are pulled over in your can for a traffic stop, and the police search your vehicles or your vehicles truck.
- You are arrested
- You are at your home/apartment and the police enter and arrest you and search the residence for evidence.
- You are at your workplace and the police search for evidence.
- Police take or confiscate your vehicle or personal property and place it under police control.
The above scenarios may impact your Fourth Amendment, and the legal systems obligation to protect Fourth Amendment rights. There are numerous other examples far too many to cover. If you believe your Fourth Amendment has been violated, contact Patrick Flanagan As Soon As Possible.
In most cases the police officer may not search and seize your property or person unless he/she has one of the following:
- A Valid Search Warrant.
- A Valid Arrest Warrant.
- Or “Probable Cause” that an individual has committed a crime.
My Fourth Amendment rights were violated?
Any evidence that may have been searched or seized during may be deemed unlawful. The evidence will almost certainly be kept out of the case against you. If you believe any evidence was taken and will be used against you contact Pat Flanagan As Soon As Possible.