Criminal Defense Attorney
Law enforcement officers can break the law in several ways. The law is not beneath them as they enforce the law, which means they can also break the law. Illegal searches by police can constitute a number of things, and it is important to be aware of what these illegal searches entail in order to avoid them in the future. If you encounter law-enforcement, you should also know when the search actually begins and that is when you are approached by them according to a criminal defense attorney with our friends at The Lynch Law Group. It is important to point out that the law is in place to protect its people, which in this case also includes the prohibition of unreasonable searches and seizures. As a matter of fact, there are some cases in which people have a right to their property, and can deny law-enforcement a search of their home if the search is viewed as illegal by the law. When trying to determine if a search has begun and if it is legal to conduct such a search, it is important to take into consideration two factors:
- Is there an expectation of privacy to the person that is being searched?
- Is this expectation of privacy valid or reasonable?
Regardless of whether or not either of these questions are yes, you have a right under your fourth amendment and you should consult with a defense attorney as soon as possible to see what your legal options are if your rights have been violated. It is extremely important to speak with an attorney since there may be several occasions in which the search is very legal and does not violate your right under the fourth amendment. This might have something to do with the fact that the police search without a warrant, it can also be because they are afraid of the safety of others or their own. It is a fact that in the majority of cases, it will be necessary to have a warrant, which is likely to be obtained so that the search can be conducted either with or without the consent of the person being searched.
The police have the legal right to conduct searches in almost unlimited ways, but as soon as a small stipulation is added, this somehow violates the rights of the person being searched, no matter how many legal means they have to do so. A lawyer should be contacted as soon as possible if you believe you have been violated in any way. In order to ensure the legitimacy and realism of a search and seizure it is critical to note that the police can conduct a reasonable search and seizure; a crime must have been committed for a search to be reasonable. In order for this search to be considered legal, it must uncover stolen goods or some kind of law that has been broken during the search. When police are unable to obtain a warrant from the judge prior to carrying out a search, they are also able to use first-hand information in order to carry out a search.
There must also be a warrant in place before the police are able to enter your house without your consent. The exception to this is almost always the case if there is a reasonable expectation of privacy. It is imperative to remember that if you were a victim of a crime and you were searched without a warrant or other legal means, this evidence cannot be used against you if the search was illegal.
There is no expectation of you knowing the law at all times if you don’t study the law. Should you or someone you know be involved in a criminal search and seizure, please contact an attorney in your area as soon as possible. Your case will be carefully reviewed by the right attorney who will construct an optimal defense for you or your loved one.