Understanding Search & Seizure

Your Rights under the Fourth Amendment of the United States Constitution

Your home is your castle. So are your car, your hotel room, your purse and your suitcase. Under the Fourth Amendment of the U.S. Constitution, such places are protected from what's referred to as unreasonable searches and seizures by police and other government authorities.

There are rules regarding if, when and how authorities can search these places and seize property found.

Three Common Illegal Search and Seizure Actions

Throughout the years, courts have deemed many different situations illegal. Here are a few common examples:

  1. An officer enters your home without your permission, without a warrant or without a warrant exception and takes items that belong to you to use as evidence to charge you with an offense.

  2. A warrant to search your residence has in fact been issued, but an officer searches a part of your home that is outside the scope of the warrant. The officer finds evidence and uses it to later charge you with a criminal offense.

  3. An officer pulls over your vehicle for a minor traffic citation, like speeding, and without probable cause, searches your trunk, and finds evidence to use against you later in a court of law.

The Benefits of a Criminal Defense Attorney

These are just a handful of illegal actions police take, but there are many more.

Having a criminal defense attorney with Hagar & Phillips PLLC who knows the exact protections afforded to you under the Fourth Amendment and what authorities can and cannot do when it comes to searches and seizures is very important. Your lawyer can get the evidence thrown out of court and even get the charges against you dismissed.

Let Us Advocate For You

Our criminal defense team possesses a thorough understanding of criminal law. Allow us to evaluate your case to determine if police overstepped their boundaries. Let us advocate for your rights and fight for you.

Call our office today at 615-784-3713 or email us to arrange an appointment. Our criminal defense lawyers represent individuals in Lebanon and the surrounding Tennessee communities.