• Federal
  • State
  • Municipal

Search and Seizure Law | What are your Rights?

seizure

seizureLaws regarding search and seizure are uniform across the United States. This is because they are derived from the Fourth Amendment to the United States Constitution, which recognizes a citizen’s basic rights regarding privacy and their right to be secure in their own property.

This has been the law of the land for more than 240 years, and it is the portion of the Bill of Rights any law enforcement official must respect when it comes to performing a search of your person or property or any attempt to seize a person or evidence in a criminal investigation.

Probable Cause 

A criminal defense attorney Kansas City will tell you in order to perform a legal search, a police officer must have probable cause to believe they will find evidence of a crime as a result of that search. That probable cause forms the basis for a warrant application.

A warrant is an order issued by a judge that gives a police officer the authority to perform a search. In order to obtain a warrant, the officer must swear under oath they have probable cause and must specifically describe where they intend to search and what they believe they will find.

Your Right to Privacy 

Absent these basic elements of a search, a defense attorney like John Anthony Picerno will advise you no law enforcement officer may legally seize any person or any property belonging to any person as part of a criminal investigation unless the suspect consents to said search. In the event a law enforcement officer performs the search anyway, it is practically a foregone conclusion any evidence discovered would be found inadmissible against the suspect or future defendant.

These important rights against unreasonable searches are necessary to prevent you from becoming unfairly entangled in a criminal investigation. It is always good advice to consult with a criminal defense attorney Kansas City MO in any important legal matter to get the best advice on how to protect your rights.