Illegal Search and Criminal Law

Illegal Search & Seizure: Know Your Constitutional Rights

The Fourth Amendment of the United States Constitution prohibits the power of law enforcement agencies to search your property, or seize your possessions without a valid warrant. This is called an Illegal Search.

Despite the Fourth Amendment, police officer routinely search individuals without the proper permission. If evidence is obtained from an illegal search and seizures, the evidence obtained will be held as unconstitutional and not be permitted into evidence during any criminal hearing or trial.

Contact our criminal defense attorneys in Tulsa if you believe that your Fourth Amendment Constitutional rights have been violated by an Illegal search. You can schedule a case consultation to find out what your legal options are and if you should retain counsel.

Fourth Amendment Exceptions

There are certain situations in which your Fourth Amendment rights may not apply. For instance, the warrantless search and seizure of your home, person, or vehicle may occur and may not be classiied as an illegal search under the following exceptions:

Consent

If you consent to letting the police officer search your home, your Fourth Amendment rights will not be totally protected. The area in which you permitted the police to search will not be protected, but any area within the vicinity of your home that you did not permit the police to search will be protected and if searched will consitute an Illegal Search.

You have the right to refuse any search the police request to make. If you refuse the search, and none of the other exceptions below applies, the police will be required to obtain a warrant to search your property if not this will consitute an Illegal Search.

If you grant the police officer permission to search your home, vehicle, or person, and he/she finds incriminating evidence against you illustrating that you have committed a crime, or in the process of committing a crime, you will be arrested and charged accordingly.

For example, a recent example of the “consent exception” occurred in Illinois. Accused killer Nathan Leuthold claimed he did not agree to let the police search his home, laptop, or car after his wife was found dead in a Mossville Avenue home. The prosecution has challenged his claims, and the judge’s determination of the search can result in the evidence being possibly excluded from the trial.

Search Incident to Lawful Arrest

If you are taken into police custody for committing a crime, the police officer can search your person immediately following the arrest if he/she reasonably believes your person possess evidence of the alleged criminal offense. If the arrest occurs in your home or vehicle, then the police’s search is limited to your immediate vicinity to check for evidence. For example, if you are arrested in the basement of your home, the police cannot go and search the attic for evidence if there are no facts that indicate criminal activity has occurred there. If they do this will constitute an Illegal Search.

Plain View Exception

If a police officer is lawfully in a public or private place, he/she can seize any incriminating evidence that is in plain view. For example, if a police officer is walking down a public walkway and sees marijuana in the front seat of your vehicle, the officer may seize the evidence and arrest you for the possession of a controlled substance.
 Exigent Circumstances

Under exigent circumstances, a police officer can search your person or property without a warrant. The exigent circumstances exception is only applicable to prevent danger to life, to prevent serious damage to property, forestall your escape, or the destruction of evidence.

Probable Cause

An officer must have probable cause to search your person, home, or vehicle. Probable cause arises if the officer reasonably believes that you are in the process of committing a crime, or have recently committed a crime. If the officer lacks sufficient facts to illustrate a reasonable belief, the evidence against you will be dismissed.

Protective Sweep

Finally, if a police officer arrest you inside a dwelling, he/she can conduct a protective sweep to secure the dwelling upon arresting you. If the office discovers incriminating evidence during the protective sweep, it can be used against you.

Contact a Tulsa Criminal Defense Attorney

Contact our criminal defense attorneys in Tulsa if you have been charged with a crime. We can help you obtain a favorable result to avoid jail/prison time. Call Kania Law Office 918-743-2233

Sources

Accused killer Nathan Leuthold claims he didn’t agree to police search

Illegal Search and Criminal Law

http://www.kanialaw.com/tulsa-criminal-attorneys/illegal-search-criminal-law.htm