Overzealous police officers are their own worst enemies. Certain officers believe they can try and convict people all on their own. Once they have it in their heads that someone is guilty, they will do whatever is necessary to arrest and charge them and make it stick. This includes violating their Constitutional rights.
Illegal entry into your home or the illegal search of your person are the ways that many such officials proceed. When they do, they violate your Fourth Amendment right which gives citizens protection against illegal search and seizure. The fact is you can refuse a police officer entry to your home unless they have a warrant. And officers must have probable cause to stop you and search your person or your car if you are out in public.
Taking a Stand
Controversial policies such as “stop-and-frisk” have come under fire lately. Not only do such measures go against the spirit of the Fourth Amendment; they tend to disproportionately target specific racial groups. One of the consequences of being illegally stopped and searched is that any evidence found on you will be deemed inadmissible in court. The “fruit of the poisonous tree” principle is rigorously enforced by judges and it may be your best line of defense against the state.
If you have been arrested and charged based on an illegal search, Illegal Search and Seizure Attorneys can help you. It is important to get an attorney with extensive expertise and experience in this area on your side.
During your initial consultation the lawyer will ask you to recall the events that led to the arrest and everything that happened afterward. You should leave nothing out. Every minor detail is important in a case like this. The police know exactly what they can and cannot do without a warrant, and they may try to fudge the facts to make it look like they acted within the law. Your statements, on the other hand, will give your lawyer a starting point from which they can go on to demonstrate that your rights have been violated.
What Your Lawyer Will Do
Illegal search and seizure cases do not necessarily come down to your word against that of a police officer. Your lawyer will first evaluate all the facts and circumstances surrounding your case. In some instances, it may be possible to demonstrate that the police acted illegally through an analysis of their specific actions. It may also be possible to shore up your version of events through eye witnesses whom the arresting officers were unaware of. Phone video footage of the entire event by a bystander and witness can prove that the officers were well outside the boundaries of the law and their authority.
If you know that you have been mistreated and your rights trampled on, then you should do something about it. Hiring an illegal search and seizure lawyer is the first move in the right direction. You should spare no time in making the call.