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Understanding Your Constitutional Search and Seizure Rights

Last updated 6 years ago

It is fairly typical for us to learn the constitution and its amendments when we are in middle school. However, at such a young age, it is hard to see how those laws relate to our lives and be able to understand them fully. The Fourth Amendment is about the right to be safe from unreasonable search and seizure. Your defense attorney will use this amendment to your advantage if you were unlawfully searched and/or arrested.

Original Intent

The Fourth Amendment was originally meant to be used in federal court, and it stayed that way for a long time. Even though it was created in response to a local need, constitutionally it applied only in federal court until 1949, when the Supreme Court decided that it can apply in state courts as well.

Privacy

A person’s privacy is determined by whether an action or object is in public view. Anything that anyone can see just walking by is no longer private. For an officer to find incriminating evidence out in the open where it is easy to see is not a violation of the Fourth Amendment. A criminal attorney would claim that violation of the Fourth Amendment would only occur if a member of the government forcibly searched your home, the trunk of your car, or your computer without a warrant.

Personal Objection

We can only object to unreasonable search and seizure for ourselves—we cannot object for another person, and neither can another person on our behalf. However, if you do object to a police officer searching your private things, then he or she must leave and return with a proper search warrant.

To learn more about your search and seizure rights, contact a criminal defense attorney today at Blumberg & Associates. We provide DUI defense services, personal injury lawyers, and family law attorneys. If you think you need a criminal defense law firm on your side, then call us today at (602) 277-6180.

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

 

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