What Is Considered Unlawful Search & Seizure?
It’s surprising how few people in the United States understand their rights precisely as stated in the U.S. Constitution, particularly when they’ve been accused of a crime. The 4th Amendment to the U.S. Constitution protects all U.S. citizens from unreasonable search and seizure. The wording of the law is incredibly important. “Unreasonable” means the police officers who search and seize your property don’t have a warrant and don’t have probable cause to be searching an area that belongs to you.
For example, let’s say a judge issues a warrant so police officers can search your car. The warrant might apply only to your vehicle, but the police also decide to search your house. While the police are acting reasonably by searching your car under the authority of the warrant, they are acting unreasonably by searching your home. However, if they saw something illegal happening through the window, they would be acting reasonably by investigating further.
If the police have a legal right to be where they are, and they see a crime or an illegal substance in your property from where they’re standing, they have the right to search and seize on your property. Likewise, if there is an emergency and seeking a warrant would allow a person to be injured or evidence to be destroyed, law enforcement is acting reasonably by conducting a search and seizure during that emergency.
If you’re under investigation and your rights have been violated, don’t hesitate to give our skilled McKinney criminal defense lawyer a call. The Crowder Law Firm, P.C. is dedicated to defending the rights and freedoms of our clients. Attorney Crowder has helped acquit more than 200 clients. Let us see what we can do for you.
Contact us at (214) 981-1441 or fill out our online form to schedule a free case consultation today.