Many Americans tend to take for granted that their rights, established by the Constitution, will automatically be protected. However, unfortunately this is not always the case. We all have heard of cases where police or other officials have taken inappropriate actions or otherwise abused their power. By familiarizing yourself with your 4th Amendment rights, you will be better prepared if facing a situation where a police officer might be infringing upon those rights.
4th Amendment Basics
The Fourth Amendment is designed to check and limit the police’s power when making arrests and searching both people and property. The 4th Amendment clearly prohibits any “unreasonable” search and seizure by law enforcement. Police do have the right of search and seizure, but only when deemed “reasonable.” This is usually determined by either probable cause or a search warrant. In cases of probable cause, law enforcement must be able to explain the evidence that they had to make them determine that they had probable and legal cause for search and seizure.
An experienced defense attorney can help you determine if law enforcement were within their rights when conducting a search, making an arrest, or seizing property. If you believe you were wrongfully searched, a defense attorney will help you argue to the court that an illegal search or seizure occurred.
The Right to Say No
When facing an authority figure in law enforcement, many people feel that they cannot say no. However, this is not the case. The 4th Amendment gives you the right to say no to a search by police. If a police officer asks you to submit to a search, whether it is of your pockets, purse, car, or home, you have the right to say no if they cannot present you with a legal search warrant. If the police officer proceeds with a search even after you refuse, a defense attorney can help you determine if you have the basis to make claims against law enforcement for unlawful search and seizure.
Professional Help from a Defense Attorney
Have you experienced unlawful search and seizure by law enforcement? If police have searched you or your property and have filed charges against you a result of something they found, an experienced defense attorney is essential to your case. Protect your rights and stop the police from abusing their power. Call Daniel C. Miller today at (816) 875-0470 in Missouri or (913) 624-9646 in Kansas to work with a defense attorney who will fight for you.