Attorney Bradley Hawley

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The importance of understanding search and seizure rights

On Behalf of | Oct 28, 2021 | Criminal Defense |

It can be critical to understand your rights in the event of an interaction with law enforcement. A violation of constitutional rights is unacceptable, and it could invalidate any potential charges the government may try to bring against you. It is especially important to understand the 4th Amendment and the protections provided by it as it shields individuals from unlawful searches and seizures.

According to the Fourth Amendment to the United States Constitution, each individual has the right to personal privacy. This means individuals should not have to endure unreasonable and unlawful searches by law enforcement of property, person and other places where you have the expectation of privacy. If you have concerns about the way the police conducted a search or other aspects of an investigation, it may be helpful to learn more about the 4th Amendment.

Know what it protects

The 4th Amendment applies to specific situations during which an individual may face questioning or other efforts by law enforcement to gather information about alleged criminal activity. It applies in situations where police may confiscate or search personal property or the individual himself or herself. Examples of when the 4th Amendment may protect you include:

  • When you are walking down the street and stopped by police for questioning
  • During a traffic stop for a minor infraction
  • In the event of an arrest
  • When law enforcement enters your place of business
  • When law enforcement enters your home
  • During an attempt to confiscate personal property

Police can conduct certain aspects of an investigation only in specific circumstances. For example, in order to enter your home, search where you live and take things they may think are evidence of a crime, the police must have a warrant. Police can also enter private areas in situations where there is reason to believe a crime is taking place or someone may be in danger.

Know how to protect yourself

If you experienced a violation of your 4th Amendment rights, you have options. It may be possible for an Alabama defendant to challenge any evidence collected during an illegal search and seizure, thereby undermining the entire case. When you understand the protections provided to you by the United States Constitution, you will be in a stronger position to shield yourself and your long-term interests during a potential criminal investigation.