Search And Seizure
The
Fourth Amendment to the United States Constitution is the law or rule that governs search and seizure. This amendment protects every citizen of the US the “right to be free from unreasonable government intrusion into their persons, homes, businesses, and property”. This amendment ensures that no law enforcement agency has the right to search and seize without probable cause. A
criminal defense attorney can help you learn your rights.
The protection under this amendment can be applied to pulling over individuals and arresting individuals. Police can receive legal documents that allow them to search an individual, his clothing, vehicle, purse, luggage, home, business, and hotel room, to name a few. However, the unlawful seizure of any items cannot be used in a court of law to prove the guilt of a person.
- The protection of the Fourth Amendment applies when
- A person is stopped for questioning while walking along the road.
- A person is pulled over for a minor traffic infraction and the officer searches the trunk of the car.
- A person is arrested.
- When a police officer enters your home to put you under arrest
- When a police officer enters your apartment seeking evidence of a crime
- When a police officer enter a place of business seeking evidence of crime
- When a police officer takes possession of a person’s vehicle or personal property and puts it in the control of the police.
The only way a law enforcement officer has the right to search you include
- If he/she has a valid search warrant
- If he/she has a arrest warrant
Alternatively, in the incident of an incident showing probable cause that a person has committed a crime.
To learn if you are a victim of law enforcement violating your rights under the Fourth Amendment, you should contact a criminal defense attorney as may be able to help you sue for compensation.