What Constitutes Illegal Searches and Seizures?
Illegal searches and seizures by law enforcement are particularly prevalent in drug crimes.
There are several issues which must be thoroughly investigated and litigated when you go to court.
These include:
- Invalid search warrant
In order to get a search warrant, police officers or narcotics agents must make a sworn affidavit to a judge providing probable cause to search a particular location for particular evidence. Sometimes, the warrant can be challenged if the information provided was incorrect, if it was provided by unnamed informants or lacks a proper nexus.
- Illegal search
The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. In order to conduct a search, the police or their agents must have permission or probable cause to do so. If an officer doesn’t have a valid reason to initiate the search or to expand the scope of a traffic stop or other encounter, the resulting search may be illegal. If that is the case, the court may not allow evidence obtained during an illegal search.
- Entrapment
When a police officer or government agent uses fraud, threats, or harassment to induce you to commit a crime, you may be successful in establishing a defense of entrapment.
Regardless of what charges have been brought against you, it is important to have a lawyer you can trust to ensure that your rights have not been violated during your arrest and subsequent legal proceedings.