Understanding Your Search and Seizure Rights
Posted By The Law Offices of Jeffrey C. Grass || 6-Oct-2014
Every individual in the U.S. has certain legal rights, including the right to privacy as granted by the Fourth Amendment to the U.S. Constitution. The Fourth Amendment protects individuals from illegal searches and seizures by law enforcement officials. Unfortunately, these rights are sometimes violated. It’s important to understand your search and seizure rights, and to contact legal representation r if you feel a police officer has violated them. Your criminal attorney may be able to have the charges dropped if a police officer did indeed conduct an illegal search and seizure.
Fourth Amendment Rights
The Fourth Amendment safeguards individuals from unreasonable searches and seizures. This applies to actions conducted by both state and federal officials. This means that under most circumstances, the police may not enter your home or car to conduct a search for contraband unless they have a warrant or your permission.
Reasonable Searches and Seizures
The Fourth Amendment allows police officers to conduct “reasonable” searches and seizures of your property. A reasonable search is considered to be one for which you have given your consent. If you refuse to give consent—which you can legally do—the police may try to obtain a search warrant for your home or other property. They can also search and seize your property in the event they have probable cause. For example, if a police officer observes drug paraphernalia lying in plain view on a car seat, he or she would have probable cause.
If a police officer requests access to your property and you deny permission, you should assume that the officer will try to obtain a warrant. It’s imperative to contact a criminal defense lawyer immediately. You should also contact a lawyer right away if you denied permission and the officer entered without a warrant. Let the attorney know exactly what happened and what actions the police officer may have taken. Your criminal defense lawyer can assess whether your search and seizure rights may have been violated.
Criminal attorney Jeffrey Grass specializes in defending individuals accused of serious crimes, including aggravated assault, sex crimes, and DWI/DUI charges, among many others. If you feel your search and seizure rights may have been violated, contact the Law Offices Of Jeffrey C. Grass right away. You can connect with our criminal law firm in Dallas by calling or by visiting our website.