How Unreasonable Search And Seizure Applies To Real-World Criminal Cases
You are allowed to be secured in your houses, papers, and effects under the Constitution. However, you might wonder what this actually means in the real world when you are being investigated by a police officer. If your rights are violated, and your criminal law attorney is able to prove this, you may be able to have evidence against you suppressed.
The officer will need to have a reason to suspect that there is a crime. They are not allowed to search your vehicle based on a hunch and will not be able to use anything incriminating found in your vehicle if they did not follow the proper procedure.
If an officer notices something that is in plain view, they may be able to use this as a justification to search the property. For example, if the officer saw something illegal through the window of your home, they might be able to search your property.
Consent to Search
The officer might ask you if they can search your vehicle. If you agree, they will then have consent to search your vehicle and may use the items they find through the search against you in court. Instead of consenting, you should ask to speak with a criminal law attorney to find out about the next best steps to take.
Seizure of Property
When the officer is legally allowed to search your property, they still will not be able to take possession of your property. However, if your property is illegal and the police have seized it so that it can be destroyed, this is allowed because you cannot legally possess the property.
Remedies for Unreasonable Search and Seizure
There is no legal remedy for a police officer to engage in unreasonable search and seizure since the officer is protected under qualified immunity. This means that the officer is given some freedom to take certain actions without fear of punishment. However, you may still be able to avoid being prosecuted.
If the officer violates your Miranda Rights, you may be able to sue the officer successfully. But this is only if you are able to prove that a reasonable officer could not have considered the actions legal.
Regardless of whether you want to seek a legal remedy, it is important that you hire a criminal attorney so you can fight to have your charges reduced or dismissed to avoid a criminal record and the other consequences that might result from a conviction.
For more information, contact a criminal law attorney in your area.