Understanding Search and Seizure Laws

Posted By Law Offices of Jeffrey C. Grass || 12-Jun-2014

Search and seizure is the process by which law enforcement officers discover potentially incriminating evidence or contraband and confiscate it. However, there are strict limits as to the applications of search and seizure laws, which are governed by the Fourth Amendment. If you’re facing criminal charges, it’s critical to call a criminal defense lawyer as soon as possible. Your criminal lawyer can determine whether law enforcement officers acted in a manner inconsistent with search and seizure laws.

Legal Rights

The Fourth Amendment protects you from “unreasonable” searches and seizures by both state and federal entities. Unreasonable searches are those in which a person is expected to have a legitimate expectation of privacy. In order to determine whether a person’s rights were violated, the court system uses a test. This test raises the question of whether the person expected to have privacy and whether that expectation is reasonably accepted by society. For example, a person with drug paraphernalia on a car seat cannot reasonably expect privacy because the contraband is in view of the public. On the other hand, a person can expect to have privacy within his or her own home.

Fourth Amendment Exceptions

Search and seizure laws only apply to law enforcement officers, not to private security staff members. For example, if you are confronted by a private security officer at a shopping mall and that officer discovers drug paraphernalia in your possession, that evidence is admissible in court because it is not considered an illegal search and seizure.

Fourth Amendment Violations

Your criminal lawyer can defend you against search and seizure law violations with the exclusionary rule. The exclusionary rule means that any evidence seized following an unreasonable search is inadmissible in court.

Legislation and case law with regard to search and seizure rules are continually changing. Jeffrey C. Grass, a criminal defense attorney serving Dallas and Plano residents, stays on top of all of these changes to safeguard the rights of those subjected to search and seizure. Call the Law Offices Of Jeffrey C. Grass at to set up a free initial consultation with a criminal defense attorney at our law firm.