Search and Seizure

The Importance of Our 4th Amendment

You’re driving down the road minding your own business when suddenly you hear police sirens and see flashing lights behind you. The officer asks you for your driver’s license and other pertinent information and you quickly oblige. Then to your surprise the officer begins to rummage through your vehicle even though you can’t understand why. You feel scared, confused and even violated – and that’s because you are. Under our constitution’s 4th amendment, you are to be free from unreasonable search and seizure from the government whether on the streets, in your homes or through your property like your vehicle.

Under the 4th amendment, you are protected from a police officer illegally seizing you physically by way of arrest or police stop. It also protects you from police searching your items or property such as your person, your wallet or purse, your business or your home. If you were illegally searched and seized, any evidence collected by police cannot be used against you in the court of law due to the protection of our 4th amendment.

When is Search and Seizure Deemed Legal?

In many circumstances, law enforcement has the right to search a citizen’s person and/or his or her property when and only when they have:

• A valid search or arrest warrant
• Reason to believe that you have committed a crime; this is known as probable cause

Examples of Your Protection under the 4th Amendment

• Anytime you are questioned by a police officer
• When you are pulled over for a traffic violation such as speeding and the officer begins searching your vehicle
• Whenever you are arrested
• When police search for evidence of a crime either in your home, business or vehicle
• When your property is seized by police

When Your 4th Amendment Rights are Violated

If you believe that police illegal searched and seized you, it’s imperative that you seek an experienced defense attorney. Remember, any evidence that police obtained from you during an illegal search and seizure cannot be used in court against you under the constitution’s 4th amendment.