Illegal Search and Seizure: Know Your Constitutional Rights

The Fourth Amendment of the United States Constitution prohibits the power of law enforcement agencies to search your property, or seize your possessions without a valid warrant. If administerd without a warrant, this may constitute an illegal search and seizure.

Despite the Fourth Amendment, police officer routinely search individuals without the proper permission. If evidence exists from an illegal search and seizure, it may be held as unconstitutional.  Meaning it cannot enter into evidence during any criminal hearing or trial.

Contact our criminal defense attorneys in Wagoner County if you believe that your Fourth Amendment Constitutional rights have been violated. You can schedule a case consultation to find out what your legal options are and if you should retain counsel.

Fourth Amendment Exceptions and Illegal Search and Seizure

There are certain situations in which your Fourth Amendment rights may not apply. For instance, the warrant less search and seizure of your home, person, or vehicle may occur  as an exception to illegal search and seizure under the following exceptions:

Consent

If you consent to letting the police officer search your home, your Fourth Amendment rights compromise. The Fourth Amendment does not apply to the area in which you permit the police to search.  As a result, it is free to search once you give consent.  However, any area within the vicinity of your home that you did not permit the police to search remains protected.

You have the right to refuse any search the police request to make. If you refuse the search, and no exceptions below apply, the police must obtain a warrant to search your property.

If you grant the police officer permission to search your home, vehicle, or person, and he/she finds incriminating evidence against you illustrating your commission of a crime, or process of committing a crime, you will be arrested and charged accordingly.

For example, a recent example of the “consent exception” occurred in Illinois. Accused killer Nathan Leuthold claimed he did not agree to let the police search his home, laptop, or car after discovering his wife dead in a Mossville Avenue home. The prosecution has challenged his claims.  Thus, the judge’s determination of the search can possibly exclude the evidence from the trial

Search Incident to Lawful Arrest

If you are taken into police custody for committing a crime, the police officer can search your person immediately following the arrest if he/she reasonably believes your person possess evidence of the alleged criminal offense. If the arrest occurs in your home or vehicle, then it limits the police’s search to your immediate vicinity. For example, if you are arrested in the basement of your home, the police cannot go and search the attic for evidence if there are no facts that indicate criminal activity has occurred there.

Plain View Exception

If an officer is lawfully in a public or private place, he/she can seize any incriminating evidence in plain view. For example, if a police officer is walking down a public walkway and sees marijuana in the front seat of your vehicle, the officer may seize the evidence and arrest you for the possession of a controlled substance.

Exigent Circumstances

Under exigent circumstances, a police officer can search your person or property without a warrant. The exigent circumstances exception is only applicable to prevent danger to life, to prevent serious damage to property, forestall your escape, or the destruction of evidence.

Probable Cause

An officer must have probable cause to search your person, home, or vehicle. Probable cause arises if the officer reasonably believes that you are in the process of committing a crime, or have recently committed a crime. If the officer lacks sufficient facts to illustrate a reasonable belief, the evidence against you dismisses.

Protective Sweep

Finally, if an officer arrests you inside a dwelling, he/she can conduct a protective sweep to secure the dwelling. Incriminating evidence found during the officer’s protective sweep is legal to use against you.

Contact a Wagoner County  Attorney about Illegal Search and Seizure

If you live in Wagoner County or a surrounding area and you receive charges on a crime call the criminal defense attorney at Kania Law Offices Wagoner attorneys Today.

Sources for Examples of Illegal search and seizure

Accused killer Nathan Leuthold claims he didn’t agree to police search