Those who are involved in criminal law know that search and seizure is an important concept. Bradenton residents who are facing criminal charges may discover that their defense includes challenging a search and seizure of some item. But what constitutes a legal or illegal search and seizure?
The Fourth Amendment of the Constitution gives citizens their right to privacy and their right to be free from government intrusion. Many times this amendment is brought up in criminal law cases. Search and seizure protections extend to a person's home, their vehicle, luggage, hotel room, apartment, etc. The protections also extend to an arrest by law enforcement. The Fourth Amendment applies during an arrest, a minor traffic stop, police questioning on the street, being arrested in a house or apartment, among others. In general, an officer may not search a person's property unless they have a valid arrest warrant, a search warrant or probable cause.
Many times, an unlawful search and seizure occurs during a criminal case. If an arrest was found to violate the Fourth Amendment, all evidence that was collected during the arrest will be kept out of the criminal case. A legal professional who is skilled in criminal law understands the nuances that are involved in a search and seizure and can make sure it was done properly for their client. They can negotiate with the prosecution and help their client get the best resolution possible. A criminal conviction can be life-altering, leading to prison time and fines. Having an experienced attorney is critical in helping to reduce or even eliminate criminal charges.
Bradenton who are facing criminal charges for drug crimes or other crimes know how serious these allegations can be. It is important that a defendant know their legal rights and understand that they have options to protect their future.
Source: findlaw.com, "Search and seizure and the Fourth Amendment", accessed on June 12, 2017