{"id":4709,"date":"2021-06-08T11:26:05","date_gmt":"2021-06-08T11:26:05","guid":{"rendered":"https:\/\/cerbindefense.com\/?p=4709"},"modified":"2023-05-02T17:41:59","modified_gmt":"2023-05-02T17:41:59","slug":"what-is-illegal-search-seizure","status":"publish","type":"post","link":"https:\/\/5dattorney.marketing\/staging\/cerbin\/what-is-illegal-search-seizure\/","title":{"rendered":"What Is Illegal Search and Seizure?"},"content":{"rendered":"

The United States Constitution was written to restrict the authority of the police and government officials over the American people, while giving them enough to maintain peace within U.S. communities. By prohibiting authorities from searching the property or person of citizens, the Fourth Amendment safeguards the right to privacy.\u00a0<\/span><\/p>\n

How a police search is conducted and whether or not the Fourth Amendment was adhered to can determine if evidence is admissible or inadmissible in a court of law. Here’s what you need to understand about unlawful searches and how to get help after an arrest.<\/span><\/p>\n

Unreasonable Search & Seizure 101\u00a0\u00a0<\/span><\/h1>\n

Unlawful or illegal search and seizure occurs when law enforcement or government agents conduct a search without first having the grounds to justify it. Say someone was stopped by the police while driving for speeding.\u00a0<\/span><\/p>\n

Ordinarily this would likely just result in being issued a ticket. However, if the police decide to search the car for drugs or other contraband without first having enough evidence to warrant doing so, this could result in any evidence found being dismissed. If a warrant cannot be obtained, officers will not be able to conduct a valid search unless they have real reason.<\/span><\/p>\n

What Does Law Enforcement Need to Conduct a Legal Search?\u00a0<\/span><\/h2>\n

A search of someone\u2019s person and\/or property can be done legally if the police have:\u00a0\u00a0<\/span><\/p>\n