We Won’t Let Police Get Away With Overstepping Authority
Do you know your rights when it comes to police searches? Citizens have the right to privacy and protection against unreasonable searches and seizures. The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures by the government. This means that the police must have a warrant to search your property, unless they fall into one of the few exceptions to the warrant requirement.
Unfortunately, law enforcement officers sometimes overstep their authority and may attempt to search your car, home, or other personal property without a warrant. If this happens, or if they find evidence from an illegal search that leads to an arrest, contact the Law Office of John Freeman as soon as possible. Evidence gathered in an illegal search or seizure is inadmissible in court, and our experienced criminal defense attorney may be able to help you get your case dismissed on those grounds.
Illegal Search And/Or Seizure = Civil Rights Violation
If a police officer asks to search, you have the right to calmly decline. If you consent to the search, any evidence – such as drugs or firearms – may be used against you if criminal charges are pressed. Law enforcement may threaten to obtain a search warrant if you do not consent to the search, but don’t be fooled; police sometimes put psychological pressure on innocent citizens to get them to allow a search their property. It is usually in your best interest to decline consent in these situations.
Illegal searches by law enforcement can be civil rights violations and should be treated as such in a court of law. If you are unjustly charged due to illegal search or seizure by police, contact a skilled attorney as soon as possible to ensure that your rights are protected.
When Can Law Enforcement Lawfully Perform A Search?
In general, police need a warrant granted by a judge to search or seize your personal property. With that being said, there are a few exceptions to this requirement.
One exception is the “plain view” doctrine, which allows officers to seize evidence that is in plain view without a warrant. For example, if an officer is executing a search warrant to look for drugs in your home and he sees a gun in plain view, he can seize the gun without getting a separate warrant for it.
If you have been pulled over for a traffic violation or suspected drunk driving, police can search your vehicle without a warrant provided that they have probable cause to do so. Probable cause in these circumstances may include prior arrests on your record or the belief that evidence for a crime is likely to be found in your vehicle.
Another exception is the “search incident to arrest” doctrine, which allows officers to conduct a limited search of a suspect’s person and immediate area after making an arrest. This allows officers to make sure that the suspect does not have any weapons that could be used to harm them or others, and to look for evidence that might be destroyed if they had more time to hide it.
Finally, if your car has been towed or impounded, police can search the vehicle even if it was not initially impounded for that purpose.
Contact A Skilled Michigan Criminal Defense Attorney Today
If you are facing criminal charges as a result of an unlawful search by law enforcement, you need an attorney that is fearless in their critique of illegal police practices. Contact our experienced criminal defense attorney at the Law Office of John Freeman online or call us at 248-865-8454 for a free consultation. In an emergency, call us at 313-330-2653 at any time of day.
From our offices in Troy, we represent clients in all federal and state courts in the greater Detroit area, throughout Michigan, and the United States.