Search and seizure is the act of conducting a search and seizing evidence in a criminal case. The Fourth Amendment protects Americans against unreasonable search and seizure, so if a search is conducted when there is not probable cause or there is not probable cause or a warrant in place, then it can be considered unreasonable.
Think about the searches that you have seen play out on TV. Perhaps a police officer felt they needed to kick down the door of someone they didn’t like and then they find drugs in their apartment. Because they didn’t have a warrant, they cannot use their find against that person. The same applies when person is pulled over for speeding and then asked to get out of the car so the officer can search the car. There is no probable cause for them to do this and constitutes unreasonable search & seizure. However, a person who is believed to be intoxicated can have their car searched for open containers and blood or urine testing performed without a warrant. Law enforcement can do this because they simply have probable cause.
If you have been subject to search and seizure and you feel that your rights have been violated because there was no probable cause or no warrant in place, you need an experienced criminal defense lawyer to help you.
Protecting Your Rights
When search and seizure is unreasonable, the evidence that is gathered will most likely not be able to be used in court. But what truly constitutes probable cause and what is a “reasonable” search?
Probable cause is the legal term that is used to describe a scenario when a reasonable person can assume that a crime has been committed or is/was in the process of being committed. Simple assumption that a person has committed a crime has to be weighed against that person’s right to privacy.
As to what constitutes a reasonable search, there is a large gray area in this area. That is why it is important to call your Mankato criminal defense lawyer as soon as possible so that you can ensure your rights are not being violated. If your rights are violated, then you have your attorney to account for that violation. Even when a search may seem reasonable, it may not be for a number of reasons. This is information that your attorney can use in your favor if the matter you are being investigated for ever goes to trial.
Contact A Criminal Defense Attorney
Search and seizure is the act of obtaining evidence. However, law enforcement needs a warrant in order to lawfully obtain evidence in search and seizure. If they don’t have a warrant, then the evidence gathered cannot be used in court. If you have been charged with a crime, then you will need the help of an experienced criminal defense attorney. Your attorney can prove if any evidence was illegally obtained through search and seizure. To learn more, call the Rosengren, Kohlmeyer & Hagen Law Office Chtd at 507-625-5000 for an initial consultation