If you have a run-in with the police, knowing your rights under the 4th amendment can make all the difference. In some instances, criminal charges can and have been dropped if it's found that the police conducted an illegal search and seizure. If your 4th amendment rights have been violated, contact a criminal defense law firm.
Your Rights Under the 4th Amendment
The historical background of this amendment is rooted in English law, which the framers of the United States Constitution looked to for many of the provisions of the foundation of American jurisprudence. Although there has historically been some wavering on the issue by the Supreme Court, it is generally held that whenever possible, a police officer must receive the consent of the courts via obtaining a warrant before searching or seizing, unless probable cause or extenuating circumstances exist.
The 4th amendment of the United States Constitution says that citizens have the right to be secure in their homes, persons, businesses and property relating to random police stops and searches of individual's homes. When that right is violated, it is called an "illegal search and seizure."
The police may not search places where you have a reasonable "expectation of privacy" without a warrant or probable cause. If a search is conducted without one or both of those two things, it is illegal and can lead to the search and seizure's dismissal in the courtroom setting.
What Constitutes Probable Cause
If an officer has a warrant, ask to see it. A warrant should list what is allowed to be searched and what is being searched for. The police are confined only to what the warrant allows.
Probable cause works differently. There are some instances in which the police can search your person, possessions, home or place of business, including:
€ If the police have received information from a witness, they may be able to conduct a search;
€ The police can search you and what is immediately around you when they arrest you;
€ Police may search and seize any property that is in plain view; and
€ Police may search your vehicle if you voluntarily consent to the search.
The best thing you can do to protect your rights under the 4th amendment is to stay quiet or invoke your right to an attorney. Anything you say could be used against you, so simply tell arresting officers that you have nothing else to say and that you wish to speak to a lawyer. These are called your Miranda Rights.
Miranda Rights are "the right to remain silent" and "the right to speak to an attorney." Under federal law, a police officer cannot question you further once you've invoked your Miranda Rights by asking for an attorney.
If your rights under the 4th amendment have been violated and you have been illegally searched and your property seized, contact a criminal defense law firm to speak with an attorney who can handle your case.
Your Rights Under the 4th Amendment
The historical background of this amendment is rooted in English law, which the framers of the United States Constitution looked to for many of the provisions of the foundation of American jurisprudence. Although there has historically been some wavering on the issue by the Supreme Court, it is generally held that whenever possible, a police officer must receive the consent of the courts via obtaining a warrant before searching or seizing, unless probable cause or extenuating circumstances exist.
The 4th amendment of the United States Constitution says that citizens have the right to be secure in their homes, persons, businesses and property relating to random police stops and searches of individual's homes. When that right is violated, it is called an "illegal search and seizure."
The police may not search places where you have a reasonable "expectation of privacy" without a warrant or probable cause. If a search is conducted without one or both of those two things, it is illegal and can lead to the search and seizure's dismissal in the courtroom setting.
What Constitutes Probable Cause
If an officer has a warrant, ask to see it. A warrant should list what is allowed to be searched and what is being searched for. The police are confined only to what the warrant allows.
Probable cause works differently. There are some instances in which the police can search your person, possessions, home or place of business, including:
€ If the police have received information from a witness, they may be able to conduct a search;
€ The police can search you and what is immediately around you when they arrest you;
€ Police may search and seize any property that is in plain view; and
€ Police may search your vehicle if you voluntarily consent to the search.
The best thing you can do to protect your rights under the 4th amendment is to stay quiet or invoke your right to an attorney. Anything you say could be used against you, so simply tell arresting officers that you have nothing else to say and that you wish to speak to a lawyer. These are called your Miranda Rights.
Miranda Rights are "the right to remain silent" and "the right to speak to an attorney." Under federal law, a police officer cannot question you further once you've invoked your Miranda Rights by asking for an attorney.
If your rights under the 4th amendment have been violated and you have been illegally searched and your property seized, contact a criminal defense law firm to speak with an attorney who can handle your case.
SHARE
