The right against unlawful search and seizure is protected at both the federal and the state level. This right requires law enforcement to identify and articulate “probable cause” and, in many cases, get an official warrant from a judge before they can search someone’s property.
If you believe that your right to privacy was violated, our Philadelphia criminal defense lawyer can search for evidence of that fact and use it to fight back against any charges filed against you.
Laws That Protect You Against Unlawful Search and Seizure
The earliest law designed to give Americans the right against unlawful search and seizure was the Fourth Amendment to the U.S. Constitution, which says:
- Citizens are entitled “to be secure” in their private property, which includes their homes, their possessions, and their “persons”
- When the authorities do issue a search warrant, that warrant must be based on “probable cause”—in other words, the authorities cannot issue warrants based on their personal whims or vendettas
- All warrants must specify what it is the authorities intend to search and/or take from your property
Pennsylvania’s Laws Against Illegal Search and Seizure
The Commonwealth of Pennsylvania also has specific restrictions on when and where the police can search. For example, a 2020 Pennsylvania Supreme Court decision said police cannot search your car without a warrant. This decision expanded protections against illegal search and seizure for everyone in the Commonwealth.
For a free legal consultation, call 215.515.3360
What Is a Lawful Search and Seizure?
For any search and seizure of your personal property to be considered “lawful,” one of the following circumstances must apply:
- The police need a legal warrant that meets the requirements spelled out under federal and state law.
- The case falls under the plain view doctrine. For example, if you leave an illicit substance in the backseat of your car where any passerby could clearly view it through the window, the police do not need to get a warrant to enter your vehicle and take the substance.
- The police have just arrested you. They have the right to pat you down and go through whatever possessions you have on you during your arrest. This is called a search incident to arrest.
- Someone is (or seems to be) in imminent danger of harm. For example, if a person calls 911 because they can hear their neighbor shouting threats or sounds that resemble gunshots, the police can enter the dwelling to protect whoever might be in danger inside.
- You give the police permission to search. If the police ask to search your house and you say “yes,” you waive your right to privacy.
What Do Search and Seizure Laws Mean for You?
When it comes to unlawful search and seizure, the rights of the accused supersede whatever evidence the authorities find (or claim to have seen) during an illegal search.
For example, say that the police accuse you of owning an unlicensed handgun, but their only evidence for this is a weapon they acquired during a warrantless search of your house. Our criminal defense lawyers can get this evidence suppressed, potentially destroying their case against you and making it impossible to get a conviction.
Fighting Back Against Evidence Collected During an Unlawful Search
Evidence collected in an illegal search is not admissible. The police know this, but they may take a chance at violating your rights because they think they can get away with not following the law. You can fight back against this behavior in the following ways:
- Know your rights. You have a federal and state right to privacy. Only permit a search of your property once you see a warrant.
- Make your position clear. Tell the police that you do not consent to an unreasonable search. If they proceed with the search anyway, continue to state that you did not consent. You do not want the police to be able to claim that they were unaware of your objections and witnesses can corroborate what you said.
- Contact our defense lawyers. If you are arrested, confess to nothing, no matter what evidence the police find. Invoke your right to remain silent and your right to attorney, then call our lawyers. Do not say anything else to the police until we get there.
What to Do if You Were the Victim of Unreasonable Search and Seizure
First, you will want to confirm that the authorities violated your rights. You may already know whether this is the case if, for example, the police refused to show you a warrant even after you asked to see one. However, defending yourself when unfamiliar with state and federal laws can be tricky.
To prove definitively that their case is built on false or illegally acquired evidence, you can ask our criminal defense lawyers to advocate for you.
How Legal Representation Protects Your Right Against Search and Seizure
Our criminal defense attorneys represent clients accused of all kinds of crimes, from drug and weapons charges to assault and theft. Remember that it does not matter what crime you were charged with: the law protects you against unlawful search and seizure. We can advocate for you by:
- Finding and presenting evidence that the authorities violated your rights
- Arguing that the evidence collected illegally should be suppressed, meaning the authorities cannot use it against you
- Determining whether to argue for a complete dismissal of the case, seek a reduction in charges, or negotiate a plea, depending on how important the illegal evidence was to the prosecution’s case
Let Our Lawyers Protect You Against Unlawful Search and Seizure
Your right against unlawful search and seizure is enshrined in state and federal law. If this right was violated, let the smart, aggressive defense lawyers at the Law Offices of M.J. Snyder, LLC, fight to get any charges against you dropped so you can return to your old life without facing criminal penalties. Call now for a free consultation.
