Search and seizure protections and what they mean

When a person is facing criminal charges, they may feel like nothing is on their side, but that is not true. Michigan and federal law provide many important protections for people needing criminal defense.

There are certain procedures that law enforcement must follow and requirements they must meet to ensure the rights of accused individuals are protected. When the authorities fail to follow them and violate the rights of accused individuals, it can potentially impact the evidence against the accused individual and the charges they are facing.

Constitutional protection

One of the most important criminal defense rights that accused individuals have is the protection against unreasonable searches and seizures. Search and seizure protections are found in the 4th Amendment of the U.S. Constitution.

Examples of when search and seizure protections apply can include when an individual is stopped for police questioning on a public street; when an individual is pulled over for a minor traffic infraction; when an individual is arrested; when police officers enter into an individual’s home to place them under arrest; when police officers enter into an individual’s apartment to search for evidence of a crime; when police officers confiscate the vehicle or personal property of an individual placed under police control; and in some other circumstances as well.

These protections make it unlawful to conduct a search or seizure without a valid search warrant, arrest warrant or probable cause. However, there can be numerous variables at work in how these protections apply to the unique facts of any case.

When the accused individual’s rights have been violated it may be possible to suppress any evidence that was obtained as a results.  This may impact the criminal charges. For that reason, it is important for accused to be familiar with these criminal defense rights as well as others.