Search and seizure is a legal term that refers to the illegal searching or examination of a person’s property by law enforcement. When law enforcement commits search and seizure, they will search a person or a person’s property if they believe the person has committed a crime, and then they will unlawfully confiscate property or evidence that may could the person committed the crime in question.
When police illegally search and seize a person’s property, they are violating the person’s Constitutional Rights. According to the Fourth Amendment in the United States Constitution, people have the right to, “…be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The Amendment goes on to state that before law authorities can conduct a legitimate search, they must obtain the proper court issued warrant, which details the person to be searched and the property that is to be searched.
Without a proper warrant, law enforcement cannot conduct a lawful search, which means that any evidence law enforcement confiscates may not be admissible in a court of law. All too often, in drug crime cases, police conduct unlawful search and seizures. Unfortunately, many people are not aware of their constitutional rights when it comes to search and seizure laws and, because of this, their rights may be violated. People typically become aware of this violation after they meet with a skilled defense attorney that can identify illegitimate police practices.
Los Angeles & San Fernando Valley Drug Crime Defense Law Firm
If you have questions about unlawful search and seizure, or if you feel you have been a victim of unlawful search and seizure in a drug crime related case, you should contact the Hedding Law Firm immediately. At the Hedding Law Firm, our drug defense lawyers are familiar with unlawful police practices, like improper search and seizure. Our firm is able to keenly identify these illegitimate practices and, once identified, we will use it to our client’s advantage in court. Often times, this may lead to the reduction or dismissal of our client’s California drug crime charges.
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