Search And Seizure Defense
Have you experienced the seizure of illegal contraband or contents from your automobile or home? Search and seizure involves police officers or other authorities and other agents conducting a search of your property and confiscating property that is relevant to the crime.
The case of United States v. Jacobsen went on to describe what a search and seizure is with specificity. The case held a search occurs when an expectation of privacy that society is prepared to consider reasonable is infringed and a seizure of property occurs where there is some meaningful interference with an individual’s possessory interest in that property. Article IV of the United States Constitution provides protection against unreasonable search and seizures. The aim of the Constitution is to protect against arbitrary and oppressive interference by law enforcement. Evidence that is obtained through an illegal search is not admissible in court.
The court will look at the scope of the search and the manner in which it was conducted to determine whether the search and seizure was proper. Generally, a warrant is required to conduct a search and seizure. However, there are many exceptions to this rule and one in particular deals with automobile searches and seizures. For automobile searches, a warrant is not required but the law still requires that probable cause exist to justify a search and seizure.
Law enforcement is aware that many civilians are not aware of their legal rights. Therefore, they may conduct an illegal search and obtain evidence even without probable cause simply because you don’t object to the search. However, the court will throw out any evidence that is obtained in an illegal search.
If you have experienced the seizure of illegal contraband or contents from your vehicle or home you may be able to have the evidence suppressed based on the illegality of the search. If the evidence is thrown out, you may escape jail time.