Unlawful Search And Seizure? Know Your Rights.
Under the United States Constitution, you have a right to protection against unlawful search and seizure. Still, unlawful searches and seizures by police and investigators happen on a daily basis throughout the United States.
If you are facing criminal charges due to an unlawful search, it may be possible to get the charges reduced or dismissed. In some cases, it is possible for the attorneys at Aiken & O’Halloran to intervene early in the case to prevent charges from even being filed. However, you will need us on your side as soon as possible. Charges are not dropped or dismissed automatically. You need an experienced criminal defense attorney to intervene in your case to protect your rights and freedom if you are facing a criminal charge after a police search.
For a free initial consultation, please contact the Fort Myers criminal defense attorneys at Aiken & O’Halloran. Call 239-666-6035 or complete our contact form. We represent clients throughout the Fort Myers area.
What Is Unlawful Search And Seizure?
A police search may happen under a number of circumstances. The police may stop your vehicle, and that could lead to a search. The police may detain you for questioning, and that could lead to a search. Prosecutors may also obtain a search warrant so that investigators can search your home, vehicle or other property. In all of these scenarios, law enforcement must have a legitimate reason for the search — a reason that can stand up in court. Otherwise, evidence obtained in the search may be thrown out, and the charges may be reduced or dismissed.
Search and seizure may be unlawful for a number of reasons. For example, if the police did not have a good reason to stop your vehicle or search your vehicle, any search that happened during the traffic stop may have been unlawful. Another example would be if the police did not have a good reason to detain you on the street for questioning, and the questioning led to an unlawful search. This type of “stop and frisk” by police is increasingly common, and often people’s constitutional rights are violated by police in “stop and frisk” situations.
If a search warrant was executed on your property, an important thing to understand is that search warrants must be limited in scope and specific about the types of evidence being sought by investigators. In some cases, if investigators exceeded the scope of a search warrant, the seized evidence may be suppressed from the court record.
Unlawful search and seizure can happen in a wide variety of criminal cases, including those involving:
Our team includes a former prosecutor and a former federal agent — both of whom are now dedicated and successful criminal defense lawyers. We know what is required for a search to be legal, and we know how to defend against unlawful search and seizure.