What Is Considered Unlawful Search & Seizure?

Law enforcement doesn’t have carte blanche to solve crimes. The justice system has specific rules in place to prevent the harassment and conviction of innocent people. One of these regulations was set down by the 4th Amendment to the U.S. Constitution, which protects U.S. citizens from unreasonable searches and seizures.

The police must ask a judge for a warrant based on probable cause before they can search your home, business, or car. If they have violated your civil rights by searching your property without a proper warrant, the evidence they collect in their case can’t be used against you, nor could any evidence compiled based on the illegally obtained evidence.

However, there are some circumstances where law enforcement can legally search and seize your property without a warrant. These conditions include the following:

  • You allowed them to search your property with your consent.
  • The search is in an emergency situation.
  • You have been arrested by the police.
  • Your property has an illegal substance, object, or activity in plain view of where the police are legally authorized to be.

Likewise, your landlord or roommate does not have permission to allow the police to search your home. A roommate can only allow the police to search common areas and his or her room, not your own personal space.

If your rights have been violated by an unlawful search and seizure, talk to one of our skilled Fort Wayne criminal defense attorneys about your case as soon as possible. Arnold Terrill Ridenour, P.C. is dedicated to providing experienced and aggressive advocacy for our clients. Let us see what we can do to defend your rights and freedom.

Contact us at (888) 912-7220 or fill out our online form to schedule a free phone consultation today.