Fourth Amendment Protections Against Unlawful Search & Seizure
The Fourth Amendment of the United States Constitution prohibits illegal search and seizure. Still, unlawful searches and seizures happen all too often.
If you are facing a criminal charge in Nevada after police searched you, your home or your vehicle, it is important that you immediately seek legal counsel from an experienced criminal defense attorney. When evidence is illegally seized by police, the court can suppress the evidence, and the prosecution will likely be forced to drop the charge.
To speak with a knowledgeable criminal defense lawyer, contact Christiansen Trial Lawyers at (702) 357-9977. We represent people from the Las Vegas area, as well as visitors from other states and countries.
Scrutinizing The Search And Seizure
Just because a police officer stops your vehicle or starts talking to you does not automatically give the officer the right to search you or your property.
At Christiansen Trial Lawyers, we scrutinize every aspect of the search, and, if warranted under the particular circumstances, we prepare motions to suppress evidence seized through unlawful or improper searches.
Whether you are currently under investigation or you were arrested after police conducted a search, do not wait to start defending your rights and freedom. Get legal help now by contacting our office.
Are Police Required To Obtain A Search Warrant?
Generally, the police must obtain a search warrant to conduct a search, but there are exceptions. For example, a warrantless search may occur under the following circumstances:
- Evidence is in plain view of where an officer is legally allowed to be. For instance, a police officer stops a driver for speeding and sees an open container of alcohol in the vehicle.
- The search is incident to a lawful arrest. After arresting someone, the police may search that person and the surrounding area for any weapons that could harm the officers or others.
- The search is incident to an emergency situation. For example, if an armed individual runs into a house or an apartment, the police may not need a search warrant to search the residence because the armed individual could be putting others at risk.
- The police ask for permission to search your home or vehicle for drugs or other illegal items, and you consent to the search.
It is important to remember that police must follow proper procedures before, during and after a search and seizure, and every search should be closely scrutinized to determine whether police violated the rights of the accused at any point.