Search and Seizure and Your Rights
The purpose of the Fourth Amendment is to protect your persona; rights and privacy. As a US citizen you have the right to be free from government intrusion into yourself, your home, your place of work, and any other property you may own. This applies to police stops, arrests, and searches of your home or business. The Fourth Amendment protects you from a police officer’s physical seizure through a stop or arrest and searches of places you expect to be private. These places include clothing, purses, luggage, cars, etc. Any items that are found and taken from you during a search or seizure that violates your Fourth Amendment rights can not be used against you during a criminal case.
Some of the ways in which the Fourth Amendment can apply to you are as follows:
-If you are a pedestrian stopped by the police
-If you are pulled over for a traffic violation and the police officer searches your trunk
-If you are arrested
-If a police officer comes into your home to arrest you
-If a police officer searches your work place to look for evidence in a crime
-If a police officer takes any of your personal belongings or your vehicle
Keep in mind these are only a few of the instances in which you are protected by the Fourth Amendment! Generally speaking, a police officer is not legally allowed to search or seize you or your property unless they have a valid search warrant or arrest warrant or probable cause.
If you are facing criminal charges and believe your Fourth Amendment rights have been violated, call Kyle today! Remember, any evidence against you that was gathered by violating your rights can not be used against you. When Kyle is defending you against criminal charges he will examine every aspect of your case to make sure your rights have not been violated. Call today!
