Under the Fourth Amendment to the United States Constitution, you are protected against unlawful searches and seizures. But, what does this mean? If your home, vehicle, or other property has been searched in an illegal manner and as a result, you are facing criminal charges, you should not hesitate to speak with our Weston criminal defense lawyer at the Law Office of Kevin F. Moot.
In order for unlawful search and seizure to be proven, there are a few principles that must be demonstrated:
- Expectation of privacy – The individual must reasonably expect privacy for this to be proven.
- Property trespasses – Law enforcement would have to physically intrude upon a person’s property.
- Probable cause – Once the police have conducted a lawful search, it must be proven that they had probable cause to do so.
Warrants for a Search, Seizure, and Arrest
In some cases, a warrant is necessary for a search or arrest to occur. Searches that are particularly invasive will often require a warrant. Warrants for an arrest are typically only necessary when a police officer enters a home to make an arrest.
Warrants are more often required for searches than arrests, but there are still cases when a warrant is not necessary for either. Here are some examples of cases when a search warrant is not necessary:
- To search someone immediately following an arrest
- When there is some sort of emergency
- When the person consents to be searched
- For a “stop and frisk” situation
Why Choose the Law Office of Kevin F. Moot?
Our firm offers aggressive legal guidance to our clients who are facing criminal charges in and around Weston, Florida. We are committed to our clients’ rights and know that we can use our skills and resources to protect their rights. If you have reason to believe that the search and seizure against you was unlawful, our team is here to protect and defend your rights. Contact us today!