Since the dawn of the Constitution, Americans have come to expect the constant protection of certain rights. But these rights aren't always as black and white as they seem. Search and seizure is one such area where law enforcement and civilians tend to butt heads when it comes to the implementation of the Fourth Amendment.
While terms like 'probable cause' and 'unreasonable search and seizure' are thrown around often, it seems that many people's understanding of them is actually quite murky.
According to the Fourth Amendment, your belongings and property are protected as long as there is no probable cause, or evidence, that you committed a crime. The moment probable cause occurs is when officers have the right to perform a legal search and seizure.
Is the Fourth Amendment ever null and void?
The U.S. Supreme Court created a kind of test to determine if the search and seizure took place within the boundaries of the Fourth Amendment. If the person being searched was right to expect privacy and this privacy is recognized as being a logical expectation, then law enforcement acted illegally.
In most criminal cases, if the search and seizure took place illegally, the evidence that was found as a result cannot be used in trial. Other times it may result in the case being dismissed altogether.
People should not, however, think that just because their Fourth Amendment rights were violated they will get to walk away without being penalized. Prosecutors who have enough evidence will cause the case to continue moving forward.
It is also important to note that every case is different. Meaning, what applied to one person may not apply to you. Courts do their best to use discretion when evaluating the details surrounding a search and seizure.
If you believe your Fourth Amendment rights were violated due to an illegal search and seizure in Queens or NYC, schedule your free consultation with our New York criminal defense attorney today! The first step toward success is evaluating the details of your case and we are prepared to begin doing so from the moment you call!