When it comes to knowing about illegal search and
seizure, there are a number of important aspects that must be taken into
consideration. The Fourth Amendment to the constitution guarantees protection
to its citizens from illegal search and seizure by restricting the power of
police to undertake searches of private property and objects. There are
instances where police may be allowed to search your car, home, or property if
they are able to produce a reasonable cause for doing so.
Law enforcement officers may submit a petition to a
member of the judicial department for a search warrant, in case they strongly
believe that they have the right reason to search and seize the property. The
warrant need to entail all relevant details concerning the specific place and
items that are to be searched. For example, if the police are only warranted to
search your basement area but they search some other area of home instead,
anything thing seized from elsewhere will be considered illegal.
Evidence obtained illegally cannot be used in
court. Though the illegal evidence may not be the direct cause of a conviction
in court, it does not make the case automatically dismissible. The case may
still proceed if there is sufficient evidence available against the defendant.
However, on certain occasions, the evidence that is obtained illegally can
still be taken under consideration in sentencing and may be admissible in civil
cases. Also, evidence resulting from an illegal search and seizure might not be
used to collect other evidence.
With that said, there are, however, certain
exceptions that must be taken into account. The Fourth Amendment is only
applicable in situations where there is a legitimate condition of privacy. So,
in case you are driving with drugs in clear view and police pull you over and
seize you, you will no longer be protected by this rule, as you were clearly in
public view. In addition to that, it is important for you to know that the
Fourth Amendment applies only to the government officials. It does not offer
any protection against searches by private security personnel that may include
supermarket or mall security guards.
If your property have been searched and seized as
part of an investigation, you need to have a lawyer who can look out for your
rights. Experienced criminal lawyers are aware of all legal intricacies and
complexities of search and seizure laws to make sure that anything seized
without proper warrant will not be used against you in court of law.
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