how can i ask an attorney if i have a case about illegal search

by Krystel Reinger Published 3 years ago Updated 2 years ago 7 min read

What to do if you are a victim of illegal search and seizure?

In the event that law enforcement conducted an unlawful search and/or your legal rights were violated during a search, your attorney can assist with getting any illegally obtained evidence suppressed in your case. Additionally, your attorney can discuss the potential outcomes of …

Can a lawyer suppress evidence from an illegal search?

If believe that you are the victim of an illegal search and seizure, you should contact an attorney immediately. What an Attorney Will Do. An attorney’s job is prove that police misconduct of some sort occurred (if, in fact, it did occur) in order to have evidence that was collected against you …

What is considered an illegal search?

May 24, 2012 · If you made a motion in the criminal case and lost, that will probably sink any lawsuit, as the judge on the civil case is likely to follow the ruling made by the other judge in the …

Is it illegal to speak to a different lawyer?

Ask your question—it’s free and anonymous. Get notified when a lawyer responds—usually within 12 hours. Ask follow-up questions—make sure you understand your options. Tips for asking …

What is considered unreasonable search and seizure?

Definition. An unreasonable search and seizure is a search and seizure by a law enforcement officer without a search warrant and without probable cause to believe that evidence of a crime is present.

What makes a search and seizure reasonable?

A search or seizure is reasonable if the police have a warrant from a judge based on probable cause to believe that a suspect has committed a crime. Also, a search may be reasonable without a warrant if an exception applies under the circumstances.Oct 18, 2021

What is considered a search under the Fourth Amendment?

A search under Fourth Amendment occurs when a governmental employee or agent of the government violates an individual's reasonable expectation of privacy.

Does the 4th Amendment protect privacy?

The search-and-seizure provisions of the Fourth Amendment are all about privacy. To honor this freedom, the Fourth Amendment protects against "unreasonable" searches and seizures by state or federal law enforcement authorities.

What does the 5th Amendment do?

The Fifth Amendment creates a number of rights relevant to both criminal and civil legal proceedings. In criminal cases, the Fifth Amendment guarantees the right to a grand jury, forbids “double jeopardy,” and protects against self-incrimination.

What is the burden of proof required in criminal cases?

Proof beyond reasonable doubt. — In a criminal case, the accused is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt.

What is the 5th Amendment say?

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be ...

What happens if the 4th Amendment is violated?

When law enforcement officers violate an individual's constitutional rights under the Fourth Amendment, and a search or seizure is deemed unlawful, any evidence derived from that search or seizure will almost certainly be kept out of any criminal case against the person whose rights were violated.Jan 22, 2019

What kinds of searches are prohibited by the Fourth Amendment?

The Fourth Amendment prohibits the United States government from conducting “unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.Dec 13, 2021

What does the 8th amendment protect you from?

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Is searching for something on Google illegal?

It is perfectly legal to search anything online in most cases, but if those searches are linked to a crime or potential crime, you could get arrested. From there, you could get taken into custody and interrogated at best.Apr 15, 2021

What is a search warrant?

A search warrant is an order that is obtained by a law enforcement officer from a judge, granting them permission to search a specific place and seize specific persons or things.

Is a search warrant illegal?

A search may be considered unlawful or illegal if it is conducted in a manner that would violate a person’s reasonable expectation of privacy, such as if the search is conducted without a warrant or when it does not meet the criteria for one of the warrantless exceptions. As a general rule, police officers must have probable cause ...

What are some examples of unlawful searches?

Some examples of unlawful searches include: Conducting a search without a warrant, especially in those instances where a warrant is necessary; A search in which a warrant was obtained , but the warrant was not executed properly and the good-faith exception does not apply;

What is a search for a person?

For police purposes, a “search” is an investigation of a person’s property, body, personal belongings, or other area in which a person could reasonably expect to keep private from law enforcement. A search may be considered unlawful or illegal if it is conducted in a manner that would violate a person’s reasonable expectation of privacy, ...

What are the requirements for a search warrant?

Along with probable cause, the other important requirements of a search warrant include: That it was filed in good-faith by the officer requesting the warrant. In addition, there are also several exceptions for when law enforcement may not need to obtain a search warrant in order to conduct a search.

Which amendment protects citizens from illegal searches?

Searches and seizures are mainly governed by the Fourth Amendment to the U.S. Constitution. The Fourth Amendment essentially guarantees all U.S. citizens protection from illegal searches and/or seizures — when conducted by law enforcement — of their property, body, personal belongings, and other areas in which they have a “reasonable expectation ...

What happens if you barge in without a warrant?

Therefore, if the government or law enforcement barged in without a warrant or good-faith reason, then it would be a legitimate invasion of their privacy and could result in the suppression of any evidence obtained.

Where can a search take place?

There are also various places in which a search can take place, such as: In a person’s home or on their property; The interior of a motor vehicle; An external frisk of a suspect’s person or internal (like a cavity or strip search); and.

What to do if you believe an illegal search has occurred?

If you believe that an illegal search has occurred, the first thing that you need to do is remain calm and respectful towards police officers, even if they are infringing upon your Constitutional rights. While you should refuse the search, do so respectfully – do not give the police officers any potential ammunition against you.

What to do after an illegal search?

Is illegal search and seizure uncommon?

Illegal search and seizure is not an uncommon occurrence. What is common, however, are victims of illegal search and seizure not knowing their rights, and thereby failing to take action to protect themselves after an illegal search and seizure occurred.

What Supreme Court case did the police stop and search a man?

In fact, in a recent Supreme Court decision – Utah v. Strieff – the highest court in the land ruled that despite the fact that a police officer illegally stopped and searched a man, the illegality of the search did not prevent evidence obtained from that search to be used against him.

Can an attorney help you get thrown out of court?

Regardless, however, an attorney can still aid you in building a case and can fight on your behalf to have evidence against you thrown out of court. While there is no guarantee that working with a criminal defense attorney will prevent you from being convicted, your chances on your own are much worse.

What to do if you are the victim of an illegal search and seizure?

If believe that you are the victim of an illegal search and seizure, you should contact an attorney immediately.

What is the Supreme Court case that ruled that a police officer illegally stopped and searched a man?

3 attorney answers

The prosecutor's office made the decision to prosecute you, therefore, any financial losses you suffered as a result of the prosecution of you are not the responsibility of the police, but of the prosecution. The prosecution enjoys absolute immunity from being sued.

James S. Lawrence

It does not appear to me that you have any suit that could be filed. The government is usually protected as long as they acted in good faith. The cops do not always need to have the search warrant there before searching. More

R. Jason de Groot

You would need to show deprivation of your civil rights. The jury trial was for obstruction. You didn't obstruct. If there was a search warrant, and if it indicated underage and if underage was...

What is required to receive a follow up call from a lawyer?

Fullname is required. A valid email address is required. Receive a follow-up from lawyers after your question is answered. Text Call. A valid phone number is required. Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field)

What time do you call a lawyer?

Select the best time for you to receive a follow-up call from a lawyer after your question is answered. ( Required field) Morning (8:00AM to 12:00PM) Afternoon (12:00PM to 5:00PM) Evening (5:00PM to 9:00PM) Other. AM PM.

What to do if your child is raped?

If your child was raped, you may be able to file a lawsuit against a party or parties that both Perpetrated the assault, as well as who may have been negligent in allowing that assault to happen. You should discuss your Daughters case with counsel in your jurisdiction to investigate the possibility of bringing a civil action against the perpetrator and/or other culpable... Read More

What happens if my wife doesn't have a will?

If she did not have a will, then the property will depending upon the circumstances pass to those heirs named in the Texas statutes on Intestacy. Hire a lawyer. If your wife had a will that left everything to you then you need to probate it. If she did not have a will, then the property will...