In a world governed by laws and principles, the protection of our constitutional rights stands as a cornerstone of justice. At Kirakosian Law, we understand the significance of upholding these rights, especially when it comes to the crucial matter of illegal search and seizure.
Our latest blog delves into the realm of illegal search and seizure, shedding light on the pivotal role played by a dedicated and knowledgeable attorney in safeguarding your constitutional rights. We explore the complexities of these cases, share insights into the rights you may not be aware of, and offer guidance on the steps to take if you believe your rights have been violated.
From understanding the Fourth Amendment to navigating the intricacies of search warrants, our mission is to equip you with the knowledge you need to protect your rights in the face of illegal search and seizure. Join us on this journey to defend what’s rightfully yours. Your constitutional rights matter, and we are here to protect them.
What Constitutes An Illegal Search and Seizure?
An unreasonable search and seizure refers to an action that violates one of the following principles:
- The absence of a legal search warrant signed by a judge or magistrate that specifically outlines the place, person, or items to be searched or seized
- A lack of probable cause to believe that a particular individual, designated location, or vehicle contains criminal evidence
- An extension of the authorized scope of the search and seizure.
Such actions are deemed unconstitutional, as they infringe upon the Fourth Amendment, which serves to protect individuals’ reasonable expectations of privacy against government authorities.
Now, let’s delve into how a lawyer can assist you in addressing and rectifying situations involving unreasonable search and seizure, ensuring that your constitutional rights are upheld.
What Are My Rights?
When a search is carried out without probable cause, the individual subjected to the search may have grounds for a civil rights claim under 42 USC 1983, asserting the violation of their Fourth Amendment rights. If you’ve fallen victim to an illegal search and seizure, it’s essential to understand your options and take the appropriate steps to protect your rights and seek justice. Here’s what you can do:
- Consult an Attorney: The first and most crucial step is to consult with an experienced illegal search and seizure lawyer. They can assess the details of your case and provide guidance on the best course of action.
- Collect Evidence: Document all the information related to the search and seizure, including the circumstances, officers involved, and any evidence seized. Your attorney will need this information to build a strong case.
- Know Your Rights: Familiarize yourself with your constitutional rights, particularly those protected under the Fourth Amendment. Your attorney can help you understand how these rights apply to your situation.
- File a Complaint: You may consider filing a complaint against the law enforcement agency involved. Your attorney can guide you through this process.
- Explore Legal Remedies: Your lawyer will explore potential legal remedies, which may include suppressing evidence, filing a motion to dismiss charges, or pursuing a civil rights lawsuit for damages.
- Be Cautious with Statements: Refrain from making statements to law enforcement or others without your attorney present. Anything you say can and will be used against you.
- Cooperate with Your Attorney: Work closely with your attorney to build a strong defense case and protect your rights throughout the legal process.
Remember that you have legal protections, and an experienced illegal search and seizure lawyer is your greatest ally in rectifying this situation. Your attorney will advocate for your rights, work to suppress any unlawfully obtained evidence, and help you seek justice in the face of constitutional violations.
Can I Sue Anyone For Illegal Search and Seizure?
An essential distinction lies in the fact that the Fourth Amendment safeguards individuals from government actions, not from those of private individuals. A common scenario illustrating this is when security personnel request or demand to search your belongings.
While law enforcement may be restricted from inspecting your purse without a warrant, a mall security guard may not face the same limitations. If a mall security guard discovers illegal substances or evidence of criminal activity, they can subsequently involve the police. The court is likely to consider any evidence found by the mall security guard as admissible. In essence, a security guard may possess certain search and seizure powers that a police officer does not.
It’s important to note that there are circumstances in which security personnel are prohibited from conducting warrantless searches. For instance, if a security agent is acting on behalf of the government, they would be held to the same legal standards as an ordinary police officer.
Safeguard Your Fourth Amendment Rights
Clearly, there are substantial limitations on the actions of law enforcement when it comes to searching you or your belongings and seizing evidence. An unlawful search or seizure could result in the exclusion of crucial evidence during a trial, potentially influencing the outcome of your case significantly.
The crucial step is to have a seasoned criminal defense attorney standing beside you. We encourage you to engage in a conversation with a legal professional, harnessing their expertise to your advantage.
In closing, at Kirakosian Law, we are committed to upholding your constitutional rights and providing you with the legal support you need to protect those rights. Your Fourth Amendment