Maintaining Your Fourth Amendment Rights — How to Defend Against an Illegal Search and Seizure

 Posted on March 27, 2022 in Search Warrant

The Constitution of the United States protects citizens from unjustified searches and seizures by government entities. This right is typically exercised by individuals who feel that they have had an illegal search or confiscation of property by a police officer either in their home or in their vehicle. Without a warrant or strong probable cause, officers are not allowed to search your private property. If you were charged with a crime after an officer searched or invaded your property without reason, a skilled defense attorney might have a solid foundation to build your defense case. 

What is a Justifiable Search?

According to the Fourth Amendment to the U.S. Constitution, officers and other government officials must have a valid reason to search your property for criminal misconduct. Most of the time, officers will obtain a search warrant, a legal document provided by the court that gives someone the right to search your property. Officers must give evidence of potential misconduct to the court. This may include word-of-mouth information, photographs, and videos, or witness testimony. A legal search warrant must consist of where the officer intends to search, what time the search will occur, and what types of items they are looking to seize during the investigation. With a search warrant, an officer is allowed to seize: 

• Any objects or instruments used to commit a crime 
• Evidence that the prosecution can use in a trial 
• Things or items that were criminally possessed

Without a warrant, an officer cannot search your vehicle or home unless there is strong probable cause on the scene. 

I Was Charged With a Crime From an Illegal Search 

If you were charged with a crime after an officer illegally searched your home or vehicle, a defense attorney could help you build a case to defend yourself. If an officer did not have a warrant or probable cause in your situation, the evidence found during the search may be censored and removed from your case. Some common examples of illegal searches and seizures being used to defend charges include:

• An officer located drugs in your vehicle without a proper search warrant 
• An officer lacked probable cause and searched your body due to racial profiling 
• Police found illegal substances or objects in your yard or garage without having a warrant to search your home 

It can be intimidating to stand up to an officer and refuse a search of your private property. However, if the officer does not have a warrant and there is no probable cause of criminal behavior in your situation, refusing a search is considered your right. 

Contact an Aurora Illegal Search and Seizure Lawyer 

At The Law Office of Brian J. Mirandola, our Kane County criminal defense attorney has experience helping defend clients charged with a crime after an illegal search by a police officer. Attorney Brian Mirandola may be able to help challenge the evidence in your case by presenting the officer’s lack of probable cause in your unique situation. Please reach out to us at 847-488-0889 for a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=072500050HArt%2E+108&ActID=1966&ChapterID=54&SeqStart=11400000&SeqEnd=13000000