If you’re dealing with criminal charges, you might be curious about the extent of your constitutional rights. The Fourth Amendment to the U.S. Constitution protects everyone from unreasonable searches and seizures. However, that does not mean the police are not permitted under certain circumstances to execute a reasonable search and seizure. It can be difficult to comprehend police search and seizure authority and restrictions. Nevertheless, it’s crucial to be aware of your rights and what the police can and cannot do to ensure your constitutional rights are not violated. Keep reading to learn what rights you have during a search and seizure. In addition, contact a proficient Rockland County Criminal Defense Attorney who can protect your constitutional rights.
What rights do I have during a search and seizure?
Although in the United States people are protected from a certain degree of government intrusion, there are limits to that privacy. Under the Fourth Amendment to the U.S. Constitution, the police are only allowed to engage in reasonable searches. Therefore, they must have obtained a warrant signed by a judge. In addition, the search must fall into one of the exceptions where a warrant is not needed to execute a search. If the search fails to meet this criterion, it is illegal. Unlawful searches and seizures directly infringe upon an individual’s constitutional rights.
What can the police do when they have a warrant?
If the police can demonstrate that they have adequate reason to believe that evidence of a crime will be found in the possession of a particular person or a particular place, otherwise known as probable cause, the judge may issue a warrant. If the police obtain a warrant, they have the right to enter the location that the warrant lists, and they are permitted to search for the items listed in the warrant. In some cases, officers may expand their searches beyond the specifications of a warrant. This is when the individual consents or the evidence of a crime is in plain view. It is critical to note that a police officer can execute a search if consent is given however the search cannot extend beyond the provided consent. It’s imperative to remember that the police cannot search your home, vehicle, or personal belongings without a warrant. Any items they obtain during an unlawful search and seizure will be inadmissible in court.
Can a motion to suppress evidence benefit my case?
If you believe that evidence the prosecution plans on using to convict you was illegally obtained through an unlawful search and seizure, you must inform your attorney. Your attorney will address this issue by filing a motion to suppress evidence. If granted the judge will exclude certain evidence from being used against you. The prosecution must prove your guilt beyond a reasonable doubt. If the evidence they were counting on gets thrown out, they may not have enough evidence to convict you. Therefore, a motion to suppress evidence can lead to reduced or dismissed charges.
For more information on your rights during search and seizure, contact an experienced criminal defense attorney from the Law Office of Carl Spector. Our firm is prepared to work tirelessly to defend your rights and interests.