What Is Illegal Search And Seizure?
In today’s world, one of the biggest legal issues amongst individuals across the state of Florida is illegal search and seizure – eventually leading to some type of a criminal conviction. In the United States of America, the fourth amendment of the US constitution exists in order to prevent illegal searches and seizures. According to Mr. Steven Veinger, the Best Criminal Lawyer Miami has to offer, this is a fundamental right afforded to all US citizens, and while there are many exceptions to this law – police officers will often take liberties and perform illegal searches and seizures, leading to an unlawful arrest. To learn exactly how the laws surrounding illegal search and seizure work, and how and under what circumstances the police may be able to search and seize your property in accordance with the law, and when it is done against the law.
Considered to be the best criminal lawyer Miami has in practice, Mr. Veinger has defended countless clients who have been arrested under false pretenses and illegal searches. The fourth amendment comes into play during these types of cases, according to the constitution the fourth amendment states that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The important part to understand in this amendment is where it says unreasonable, because while Americans are generally protected from the intrusion of government search and seizure, there are a number of instances in which “reasonable” searches and seizures that government officers can perform without a warrant that are still on the right side of the law. Whether or not a search or seizure is considered reasonable depends largely on whether you had a right to expect privacy in the first place.
However, as a result of the fourth amendment, US citizens have a reasonable expectation of privacy and protection from unlawful search and seizure. According to Mr. Veinger, the best criminal lawyer Miami has in practice, in the event you didn’t treat something as private, such as an open drawer or object left on your car seat in plain view – then the government can search it without violating the fourth amendment. In order to determine if something is actually considered private, the government uses the following factors:
· Did you actually expect privacy for this item or items? You and your attorney must demonstrate that you, in this particular instance, really did expect it to be private, not that you “might” or “often” expect privacy.
· Is the expectation of privacy reasonable in this instance? Essentially you must prove that specific area that was searched was treated in a way, that showed that you truly expected it to be private – and would society feel the same or would they disagree.
The problem surrounding privacy laws in the US, is that there are no hard and fast rules as to what someone might deemed private, however there are common instances, in which society would agree such an area of place to be demanding of privacy, including:
· Your Home: Your home is always subject to your privacy, therefore for police to execute search, they will usually have to have a warrant – unless there are pressing circumstances in which a crime might be in the act of commission.
· Car: The fact is that there is some expectation of privacy within your car, however, if you are stopped and the police have reasonable doubt to search they can. Or in a case where a weapon or something illegal is right on the seat for plain view.
· Purses, Briefcase, or Any Bag: A bag that you might carry is always given the expectation of privacy, even if it is see-through. Or in a case where you are in the act of committing a crime.
For more information on illegal search and seizure be sure to contact Mr. Veinger today.