Illegal Searches and Seizures
The Fourth Amendment to the United States Constitution secures for every citizen of this country the right to be free from unreasonable searches and seizures. An illegal search violates the Constitution. The precise text 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 Warrants 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.
The Fourth Amendment applies to “persons, houses, papers, and effects”. The United States Supreme Court has construed “effects” to include cars. This means that people have a right to be secure from unreasonable searches and seizures not only in their homes, but also in their vehicles. Historically, the “reasonableness” requirement of the Fourth Amendment has been interpreted to mean that a warrant is required for a search or seizure by law enforcement. A warrantless search or seizure is presumptively unreasonable, subject to a few well-defined exceptions, including the following.
- Search incident to arrest exception
- Plain view exception
- Consent exception
- Exigency (or emergency) exception
- Inventory exception (frequently automobiles)
- Community caretaking exception
- Terry-frisk exception
- Automobile exception
Unless one of the above exceptions applies, the police are required to obtain a warrant from a judge or magistrate prior to conducting a search or seizure. In a criminal case, if an officer violates the Fourth Amendment, the remedy applied by a court is traditionally to exclude the evidence from trial. This is called evidence suppression on the basis of an illegal search or seizure.
In addition to evidence suppression in a criminal case, a person who has had their Fourth Amendment rights violated may have a claim for monetary damages against the police and/or the municipal government that employees the police officers who engaged in the unconstitutional conduct. The attorneys at Lundgren & Johnson are experienced civil rights attorneys who have taken on police officers and cities to vindicate the rights of aggrieved parties. We are not afraid to take on the government to ensure our clients’ have the justice they deserve.
IF YOU BELIEVE YOUR FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED BY AN UNLAWFUL SEARCH OR SEIZURE BY THE POLICE, DO NOT HESITATE TO CONTACT US FOR A NO-COST EVALUATION OF YOUR CASE.