What are my rights during search and seizure?


Are you facing criminal charges? Regardless of the circumstances of your offense, the United States Constitution, through the Fourth Amendment, safeguards citizens from unreasonable searches and seizures by the government. However, it is critical to understand that the Fourth Amendment does not guarantee protection from all searches and seizures. Rather, you are only protected from searches and seizures that are unreasonable under the law. Therefore, many people wonder what authority and limitations police officers have during search and seizure. Continue to follow along to learn your rights during search and seizure. In addition, contact an experienced Camden County Criminal Defense Attorney who can protect your rights. 

Do I have rights during search and seizure?

The United States is often called the land of the free. However, despite citizens having some degree of freedom from government intrusion, this privacy is limited. Police officers have certain abilities and limitations regarding searches and seizures. Police officers are only justified in executing a search and seizure if they have adequate reason to believe that evidence of a crime will be found in a specific place or in the possession of a particular person. Essentially, they must have probable cause as they are only allowed to conduct reasonable searches. A search is only considered reasonable if the police officer has obtained a search warrant or the circumstances fall into one of the categories where a warrantless search is permitted.

It is critical to understand that a police officer can only obtain a warrant to execute a search from a judge. The police officer must convince the judge that they have probable cause. This means that they have a valid reason to believe that evidence of a crime will be found in the possession of a particular person or at a particular place.

What can the police do after obtaining a warrant?

If a police officer can demonstrate probable cause, the judge can issue a search warrant. When this is the case, the police have the authority to enter any location listed on the warrant. They are permitted to search for any items listed on the warrant that may be evidence of a crime. They are only permitted to search locations and seize items that are mentioned in a warrant.

There are only certain exceptions that permit police officers to search beyond these specifications. For example, if the individual consents or the evidence is in plain view. It is imperative to note that search warrants typically expire in just a few days. Therefore the police can only search during a specific timeframe. If the police do not have probable cause and there are no exceptions that qualify for a warrantless search, any evidence obtained through an unreasonable search cannot be used against you. This is because you are protected under the Constitution from unlawful searches and seizures.

If you believe that your constitutional rights have been violated, an experienced Camden County criminal defense attorney can file a motion to suppress evidence to protect your rights. Allow our firm to represent your interests today to achieve the most desirable outcome.

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