4th Amendment Simplified
Right Against Unreasonable Search and Seizure- The Fourth Amendment of the U.S. Constitution protects the personal privacy of American citizens, guaranteeing the right to freedom from unreasonable government intrusion into our lives. It applies to law enforcement officers on the street attempting to detain someone, when arresting someone, or when trying to search their homes or other properties. While lawmakers and the courts have established legal protections for citizens’ Fourth Amendment rights, most people do not understand that individuals are Constitutionally protected against an unreasonable search and seizure when stopped by police.
Search and Seizure Case Law for Cops
The law dictates that law enforcement officers cannot interfere with individuals’ Fourth Amendment right to privacy, except in limited circumstances and specific procedures must be followed. But because the police are not required to inform people about the details of search and seizure protections under the Fourth Amendment of the US Constitution, citizens often are unaware of violations of their rights.
The police sometimes violate search and seizure law when they detain someone who they suspect committed a crime. The Fourth Amendment requires that any search or seizure be supported by probable cause. In order for a law enforcement officer to enter a home or other privately owned property, he or she should have a warrant, signed by a judge. The warrant must clearly explain the grounds for conducting the search and describe the specific locations and items the police intend to search. However, there are exceptions to the warrant requirement, such as if the owner consents to the officer coming into the house or onto the property. Another example is if the officer can clearly see evidence of a crime like drug paraphernalia.
Right Against Unreasonable Search And Seizure – When a law enforcement officer violates a citizen’s Constitutional rights under the Fourth Amendment by conducting an illegal search or seizure, evidence obtained during that search or seizure can potentially be inadmissible in court. Violations of the Fourth Amendment can play a serious and significant role in the outcome of criminal cases. Collin Evans Law is a Houston-based law practice that you can trust to help you if you believe your Constitutionally protected rights have been violated. Collin Evans is a knowledgeable attorney with over a decade of experience who is ready to answer any questions you have about your case. If you are in the Harris County, Fort Bend County, Montgomery County, or Galveston County areas, contact Collin Evans online or by phone at 713-225-0650 for a free consultation to address your legal needs.