Every day, United States citizens are submitting to, or being tricked into, allowing a police officer to search their home, car, or person. The Fourth Amendment of the United States Constitution protects all U.S citizens from ANY unwarranted searches and seizures. This means that, both federal and local law enforcement are strictly prohibited from conducting a search and seizure of your home, body, and/or property unless the following criteria is met:
1.They have probable cause to believe that an illegal activity has or is about to occur.
2.They have obtained a search warrant.
If an officer of the law does in fact obtain information without meeting the criteria stipulated in the constitution, that evidence is not admissible in a court of law as it was illegally obtained.
If you were arrested after a law enforcement official conducted a search of your home, body, or property, then be sure to contact us immediately. In such cases time is of the essence. Search and seizure is a complicated subject. Many people are simply terrified when dealing with police officers and will forgo their rights because they feel intimidated. Don't be intimidated! A police officer will recognize when they are dealing with an informed citizen. Be courteous and respectful and never agree to a search. Once you have given them permission to rummage through your belongings, ANYTHING in your possession can be held against you. So just say NO to searches.
Contact San Jose Criminal Defense Attorney William Chestnut today if you believe you were illegally searched.
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