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Illegal Search & Seizure

Illegal Search & Seizure

Under the Fourth Amendment of the Constitution, citizens are protected against illegal search and seizure. This means that if a law enforcement officer needs to search a premise, home, or vehicle, they must first secure a search warrant unless they have due cause. Not only that, but they cannot arrest someone without an arrest warrant or without probably cause. This section of the U.S. Constitution was designed to protect the personal privacy of citizens and make it illegal for them to be subject to unreasonable search or arrest.

It is important to remember that not every search necessitates a search warrant. For example, if a law enforcement officer asks permission from the owner to search a home and they are given consent, the search does not require a warrant. If they are in pursuit of a suspect and need to search the home in an emergency situation, a warrant may also be waived. In cases that involve a suspect being legally arrested, they have authority to search the belongings of the arrestee that were on their person in case there were weapons or other evidence. Lastly, if the police are in an area where they were allowed to be and they see evidence in plain sight, they have permission to seize that evidence.

In regards to an arrest, police have probable cause if their suspicion was based on evidence and not suspicion or discrimination. The suspicious behavior of an individual may also lead to an authorized arrest. They can be arrested if eyewitness reports say that they were guilty of a crime or if circumstantial evidence points to them. No matter what your situation, if you believe that you were wrongfully arrested or your home or car was illegally searched, you should contact a Los Angeles criminal defense attorney from our firm. Our legal team at Martinian & Associates is dedicated to upholding the rights of our clients as well as fighting tirelessly to secure their freedom. To learn more, contact a Los Angeles criminal lawyer from our firm today!

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