In a society founded on the principles of justice and personal liberty, the concept of illegal search and seizure stands as a stark reminder of the potential encroachments on our fundamental rights. At Kirakosian Law, we recognize the importance of safeguarding these rights, and our commitment to upholding the principles of justice is unwavering. This blog will delve into the crucial issue of illegal search and seizure, shedding light on what it entails and, more importantly, how the expertise of a seasoned lawyer can be your beacon of hope when you find yourself in dire need of legal protection. 

If you or someone you know has ever faced or is currently confronting the complexities of illegal search and seizure, this article is for you. We encourage you to reach out to us for guidance, assistance, and unwavering advocacy. Your rights matter, and we are here to defend them.


What Is An Illegal Search & Seizure?

An illegal search and seizure, as defined under the Fourth Amendment of the United States Constitution, occurs when law enforcement conducts a search or seizure without adhering to the legal safeguards in place to protect an individual’s privacy and rights. To be classified as illegal, a search and seizure must fall into one of the following categories:


  • Absence of a Legal Search Warrant: A search and seizure is considered illegal when it takes place without the presence of a valid search warrant issued by a judge or magistrate. A legal search warrant must provide specific details, such as the location, individual, or items to be searched or seized.
  • Lack of Probable Cause: Another instance of an illegal search and seizure occurs when law enforcement lacks sufficient probable cause to believe that a particular person, place, or vehicle is associated with criminal activity. Probable cause represents a reasonable belief that criminal evidence can be found through the search.
  • Exceeding the Authorized Scope: Lastly, a search and seizure becomes illegal when law enforcement exceeds the limits of their authorized search or seizure, going beyond what is explicitly allowed in the warrant.


search and seizure


To illustrate, consider the following example: Imagine that a law enforcement officer stops a vehicle for a routine traffic violation, such as a broken taillight. During the stop, the officer decides to search the entire vehicle, including the trunk, without the driver’s consent or a valid search warrant. If the officer conducts this search without any reasonable suspicion or probable cause related to the traffic violation, it may constitute an illegal search and seizure.

In this scenario, the search goes beyond the legitimate government interest of ensuring public safety through traffic law enforcement. It intrudes upon the driver’s Fourth Amendment rights and would likely be considered unreasonable in the eyes of the law, making the search and seizure illegal.


Why Is It A Violation of The Fourth Amendment?

The Fourth Amendment of the United States Constitution serves as a fundamental safeguard for protecting individuals from illegal searches and seizures by government officials. It was designed to uphold the reasonable expectation of privacy that every citizen should enjoy in their person, home, personal documents, and belongings. 

The precise wording of the Fourth Amendment is as follows: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrant shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In essence, this constitutional provision places constraints on the government’s authority, ensuring that searches and seizures are conducted within a framework of legality and fairness. To elaborate on how the Fourth Amendment safeguards against illegal search and seizure:


  • Probable Cause: For a search or seizure to be considered reasonable, it must be based on probable cause. This means that law enforcement must have a reasonable belief, supported by facts and evidence, that a crime has been committed, and that evidence related to that crime can be found in the place or on the person to be searched.
  • Warrants: In most cases, a warrant is required before conducting a search or seizure. A warrant is issued by a judge or magistrate and must describe in detail the specific location to be searched and the items or persons to be seized.
  • Particularity: The warrant must be specific, ensuring that law enforcement cannot conduct a general, exploratory search but must focus on the areas and items explicitly mentioned in the warrant.


It’s important to note that the Fourth Amendment does not prohibit all searches and seizures but only those that are deemed unreasonable under the law. This framework provides individuals with a legal recourse to challenge searches or seizures that violate their constitutional rights. If one believes they have been subject to an illegal search or seizure, they can seek legal representation, like the expertise provided by firms such as Kirakosian Law, to uphold their Fourth Amendment rights and protect their privacy from unwarranted government intrusion.


Can You Sue The Police For An Illegal Search & Seizure?

Yes, you can potentially sue the police for an illegal search and seizure. When law enforcement conducts an unlawful search or seizure that violates your Fourth Amendment rights, you have the right to seek legal remedies and hold the responsible parties accountable. 


unlawful search and seizure


What happens to any “evidence” a police officer finds when conducting an illegal search? If the court determines that a search has been conducted in violation of an individual’s Fourth Amendment rights, it invokes the powerful exclusionary rule. This rule, firmly grounded in the principles of justice and the protection of constitutional rights, mandates that evidence obtained from an unreasonable search and seizure be excluded from a criminal defendant’s trial.

Remember, it’s crucial to consult with a qualified attorney who can assess the specific details of your situation and provide guidance tailored to your case. If you believe your Fourth Amendment rights have been violated, it’s in your best interest to seek legal representation through Kirakosian Law in order to protect your rights and explore potential legal recourse.