What Constitutes Unlawful Search and Seizure?
Olathe Criminal Defense Lawyer Protecting Your Rights
The United States Constitution has put in place rights that are protected
under any circumstances. Many of these rights have to do with a person
who is suspected off or being tried for criminal activity. The Fourth
Amendment protects individuals in the United States from what is referred
to as "unreasonable search and seizure." A gray area has formed
around these regulations, as it can be difficult to define what is "unlawful"
or "unreasonable" police conduct.
Worried the police conducted an unlawful search and seizure of your property?
Did it lead to your arrest? Take action now by
contacting Martin & Wallentine, LLC!
Defining Unlawful Search and Seizures in Kansas
The fundamental principle behind this amendment is that all persons are
presumed to have a reasonable expectation of privacy, even when law enforcement
suspects they are involved with criminal activity. While there are some
exceptions, the police may only conduct a search of private property if
the police have probable cause to believe that the property contains evidence
that may implicate the suspect. In this case, the court would issue a
warrant for a search, which would legally permit law enforcement to search
the suspect's private property without regard for any privacy expectations
There are also several exceptions to this expectation of privacy rule.
Police may conduct searches without an issued warrant if circumstances
are such that they permit searches without a warrant. These circumstances
- Evidence that is in plain view
- Searching someone for weapons upon arrest
- Evidence is in immediate jeopardy
- Public safety could be at risk
In the moment, it is difficult to judge whether the officer is conducting
an unlawful search. In most cases, it is better to allow them to conduct
the search and contest the evidence later than to physically interfere
with the police officer's activity. If a court finds that evidence
was obtained from an unlawful search, that evidence will be excluded from
the case due to the
exclusionary rule. Furthermore, any information obtained because of that excluded evidence
will also be thrown out of the case as "fruit of the poisonous tree."
Have Your Rights Been Violated? Seek Legal Recourse!
If you were arrested and you believe that the police officer conducted
an unlawful search, you should
contact an Olathe criminal defense attorney from Martin & Wallentine, LLC immediately. Our team can ensure that
the court acts in accordance with the case law protecting your rights
under the Fourth Amendment. We believe in the rights granted in the Constitution,
especially as they apply to those suspected of criminal activity and will
remain edicated to defending those rights, no matter what charge you are facing.
Let a Johnson County criminal defense lawyer from our firm be your legal
advocate as you fight the charges against you. Schedule your
free case evaluation today.