Based on the Fourth Amendment of the United States Constitution, most people have a right to be free from an unreasonable search and seizure committed by police or other law enforcement agencies. This applies to actions by local law enforcement agencies as well as federal agencies, such as the FBI.
Based on the Fourth Amendment, an unreasonable search and seizure means that a police department cannot search your property or your person without the following:
For the most part, however, exceptions exist and can include the following:
- The search and seizure is being performed with the owner’s consent;
- Based on a lawful arrest, the police have searched the property in order to look for evidence that could be destroyed and/or for weapons that may be used against them.
- Searches made to inspect a location, such as those performed at an international border;
- Probable cause searches, where an officer has reason to believe an automobile has evidence related to a crime;
- Searches made based on plain view, where an incriminating item in outright recognized;
- A search and seizure that is performed during an emergency situation, where the goal is to prevent property damage or physical injury;
- Stop and frisk, which is searching a detainee on his or her outer clothing for possible weapons; and
- A search performed in a situation where the individual has no reasonable expectation of privacy.
- The Fourth Amendment of the United States Constitution; and
- Article I, Sect. 13, of the State Constitution.
- Your place of residence,
- Your computer,
- Your cellphone,
- Your hotel room, and
- Your tent
- You may not expect privacy in:
- Property you have discarded,
- Contents of a stolen vehicle, and
- Property found in a vehicle you are a passenger of.
- The warrant used to commit the search and seizure was invalid or defective, or
- The police agency’s search exceeded what was permitted by the warrant, and/or yielded evidence aside from what was described in the warrant.
- The agent requesting the warrant misled the judge on the facts that would justify the warrant.
- The search warrant was not specific with regard to the area that needed to be searched and/or the evidence the warrant was meant for; and
- The warrant issuing judge was biased.
The experienced criminal defense attorneys at Milligan, Beswick, Levine & Knox, LLP, are highly regarded in the field of illegal search and seizure cases. The firm is committed to ensuring their client’s constitutional rights are upheld. Consider contacting the firm today for a free case evaluation.