The fourth and fourteenth amendments of the U.S. Constitution prevent federal, state and local law enforcement officers from conducting unreasonable searches and seizures. Keep in mind that not all searches are prohibited under these amendments—only those that are unreasonable and that are conducted by agents of the government. That means, police are completely within the law to seize any evidence that’s in plain view.
An unreasonable search takes place when there is a reasonable expectation of privacy that has been violated. Any evidence gained in an illegal search and seizure is inadmissible in court. It takes the representation of an experienced criminal defense lawyer to prove that an illegal search and seizure has taken place.
Police officers are not legally obligated to inform you of your right to refuse an illegal search or make you aware of the fact that you can deny permission for them to enter your home or search your vehicle. For this reason, it is important to contact a lawyer as soon as you suspect you may be implicated in a crime so that you can be informed of your rights—and make sure your rights are protected.
If you believe that you have been the victim of an illegal search and seizure, contact the law office of Jeffrey D. Bramer, P.C. Attorney Mr. Bramer is a former Birmingham Police Officer and Special Agent with the U.S. Secret Service. He uses his insider knowledge of law enforcement to provide his clients with the best criminal defense possible.