Learn More About Illegal Search and Seizure
Whenever law enforcement agents are working within a search and seizure, there are a variety of rules, regulations, and restrictions they have to abide by. Failure to abide by there rules and restrictions can lead to a violation of a citizen’s fourth amendment rights. Below is some information on what a search and seizure is and what it shouldn’t be.
Search and seizure is defined as a procedure that allows law enforcement authorities and agents to begin a search of a citizen’s property (be it a residence or automobile) based on probable cause that a crime has been committed. Should law enforcement find anything, they may confiscate evidence that may link to a crime.
Search and seizure is an important tactic that needs to be used in certain situation. But when it is abused, it becomes a violation of constitutional rights. Fourth amendment rights apply in a variety of different search and seizure cases. Among them are:
· When a routine traffic stop becomes an unwarranted search
· When a citizen is randomly pulled aside for questioning when walking down the street
· When law enforcement enters a person’s home to search for evidence
· When law enforcement enters a citizen’s workplace to search for evidence
In general, a police officer or law enforcement agent must possess a valid arrest warrant, search warrant, or solid probable cause in order to enact any of the searches above. If a search and seizure has been found as an illegal measure, evidence found during the illegal search would be thrown out from a criminal case. The same applies to illegally arrested individuals – without a valid arrest warrant, information or evidence gathered during this illegal event are tossed out.
Search and seizure violations are growing now more than ever. It is important to know that everyone has rights.
If you or someone you know has fallen victim to an illegal search and seizure, contact a lawyer who could help. Contact the law office of John W. Tumelty to schedule your case consultation. Call 609-390-4600 or contact online today.