Criminal law places strict limitations on when and how police can search a suspect’s property or place them under arrest. While most law enforcement officers follow the Constitution, some may abuse their authority or stretch the limits of their powers to build a case. Knowing how to recognize unreasonable searches and seizures may be key to protecting your rights if you’ve been accused of a crime.

What Is Unreasonable Search & Seizure?

The Fourth Amendment prohibits police from conducting searches of a suspect’s property, papers, and body without a warrant or probable cause. For instance, if an officer pulls you over for running a stop sign, they may not search your vehicle for contraband without your permission or a reason to believe you’re actively engaged in criminal activity.

Exceptions to the Fourth Amendment

Fourth Amendment protections only apply if officers searched an area in which a suspect had a reasonable degree of privacy. For example, a person would expect their residence to be a private space, so police couldn’t conduct a search without reasonable cause. However, they may initiate an investigation based on evidence lying in plain sight. If, for instance, an officer pulls you over and notices drug paraphernalia lying on the passenger seat, they may be allowed to search you and the vehicle, even though you likely expect privacy in your personal automobile.

What to Do About Unreasonable Searches

If police conduct an improper search, the exclusionary rule requires criminal law courts to discard any evidence uncovered, as well as other materials gained as a direct result. In many situations, a skilled defense attorney can request the charges be dismissed altogether if the prosecutor’s central evidence is a crucial component of their case.

If you’ve been charged with an offense, you deserve zealous representation from a skilled attorney. As a board-certified specialist in criminal law, Novak Lee Attorney at Law has defended people throughout Kingman, Bullhead City, and Lake Havasu, AZ, for more than 30 years. If you’ve been the target of an unreasonable search, he’ll help you protect your Constitutional rights. Visit the website for more on his criminal law services, or call (928) 718-1700 to schedule an initial consultation today.