Drug Defense Attorney
Law enforcement officers are responsible for enforcing the law. In other words, they are not above breaking the law; they can choose to do so in several ways. Understanding what constitutes an illegal search by a police officer is important. Additionally, it is important to know when law enforcement has actually begun a search if you encounter them. Moreover, unreasonable searches and seizures are prohibited by law to protect people. Law-enforcement agents may deny searches of a person’s property if that search is illegal in the eyes of the law. To determine whether a search is legal and when it has begun, there are two factors to consider:
- Does the person being searched have a right to privacy?
- What is the validity or reasonableness of this expectation of privacy?
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You should contact a lawyer who specializes in criminal defense, like a drug defense attorney such as one from The Law Offices of Andrew Lynch as soon as possible if either of these questions has been answered yes. Otherwise, your fourth amendment rights have been violated. An experienced criminal defense attorney can help you understand when a search is legal and not in violation of your Fourth Amendment rights. There may be a fear of safety for others or for the officers themselves that causes them to search without a warrant. For example, if a search is conducted after a car accident where the drivers or passengers sustained a personal injury, and the owner is not present to consent the seach. A warrant is typically required and likely provided in most cases, so that a search can be carried out without the individual’s consent and knowledge.
What should I do if a police officer has illegally searched?
The police are legally allowed to search in many ways, but there is almost always one small requirement that violates the rights of the person being searched. You should consult with an attorney if you have been violated. Police are allowed to conduct reasonable searches and seizures. For a search to be reasonable, a crime most likely has to occur in order for it to be reasonable. In order for the search to be considered legal and acceptable, it must find stolen property or evidence of some sort of crime being committed. A search can also be conducted without a warrant from the judge by the police if they have first-hand information about the location of the subject.
There must also be a warrant in place in order for the police to be able to enter your home without your consent. Almost always, this is the exception when there is a reasonable expectation of privacy. Other exceptions could be if there is evidence in plain sight or if you consented to the search. When this is the case, evidence can be used against you in court.
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Knowledge of the law is not expected of those who do not study it to be aware of it at all times, therefore, you should always contact your local criminal defense attorney as soon as possible if you or someone you know has been involved in what appears to be an illegal search and seizure. If you or someone you love is facing criminal charges, it is important to hire a lawyer who will be able to review the details of your case and build a strong defense for you or them. Reach out to a law office that can help you today.