The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures. An unreasonable search and seizure is a search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present.
How We Can Help Fight Against Illegal Searches and Seizures
Citizens need to make sure they understand their rights. A police officer cannot simply stop you and search you, your car, or your home for no reason. There needs to be a legal justification, which is often lacking. You are not required to give your permission if the police do not have probable cause or legal authority. It is also important to know that any evidence obtained from an unlawful search may not be introduced in court.
Criminal charges can be challenged for many reasons, including:
- Traffic stops where the police lacked probable cause
- Vehicle searches where the police lacked probable cause
- Searches of a residence where the police lacked probable cause
- Seizures of property without legal justification
Illegal Traffic Stops And Searches of Vehicles
The police generally can only pull you over if they believe you have broken the law. Even if you are pulled over, the police generally have no right to search your vehicle unless there is probable cause that the vehicle contains evidence of criminal activity. For a vehicle search to be justified, the initial stop must be lawful. If there was no legitimate reason to pull you over, any search conducted would be considered illegal.
Contact Our Chicago Illegal Searches and Seizures Attorney Today!
The law of searches and seizures can be complicated and confusing. You need to know your rights. You may have been subjected to an unlawful search and seizure and the police may not have had legal justification to even stop you or enter your residence in the first place. That’s why it’s important that you speak to an experienced civil rights attorney, like the attorneys at Hale & Monico. Contact us today to schedule a free legal consultation.