Illegal search and seizure

Illegal search and seizure

On Behalf of | May 3, 2022 | College Crimes |

Search and seizure protections are an important for anyone accused of a crime. It may be possible to suppress evidence obtained in violation of the accused individual’s 4th Amendment rights which can impact any criminal charges against the accused individual.

Search and seizure criminal protections are found in the 4th Amendment of the U.S. Constitution. They are intended to protect against government intrusion into the lives of citizens and their homes, businesses and property. There are several different circumstances when search and seizure legal protections may apply including:

  • When an individual is stopped for police questioning on the street.
  • When an individual is pulled over for a minor traffic infraction and the police officer searches the trunk of the vehicle.
  • When an individual is arrested.
  • When a police officer enters an individual’s home to place them under arrest.
  • When a police officer enters an individual’s home to search for evidence of a crime.

Search and seizure protections can apply in other situations as well. In most circumstances police officers are prohibited from searching an individual or seizing their property unless they have a valid search warrant or valid arrest warrant or probable cause that the individual has committed a crime. Evidence that is obtained in violation of search and seizure protections may be excluded.

There are a variety of important criminal defense protections available to those who have been accused of drunk driving, drug charges or other crimes. Criminal charges can turn an accused individual’s life upside down which is why they need to be familiar with criminal defense protections, including search and seizure protections, when they have been accused of committing a crime.