WITH OFFICES IN AMELIA AND CINCINNATI, WE ARE PROUD TO REPRESENT CLIENTS ACROSS SOUTHERN OHIO.
Fighting Back Against Search And Seizure Violations
Under the Fourth Amendment to the U.S. Constitution, each of us is protected against unreasonable search and seizure by law enforcement. The defined scope and limits of Fourth Amendment protections have been written about and court-tested extensively, and the nuances are too numerous to list on this page.
However, the protections against search and seizure can largely be summed up in two ways: the need for warrants and probable cause. When police want to search your home or other property, they must generally obtain a warrant from a judge. In convincing the judge, law enforcement must demonstrate some evidence to suggest that a crime has likely been committed. If the warrant is granted, it is limited in scope and duration.
In cases of traffic stops, vehicle searches and other on-the-go interactions, police at least need to have probable cause. If they cannot later justify why they initiated a search, asked for a blood/breath/urine test or violated your privacy in some other way, a judge may rule that the search violated your Fourth Amendment rights.
Why Search And Seizure Violations Are So Consequential
If you believe that evidence against you was obtained illegally (without a warrant or probable cause), you can challenge it in court by filing a motion to suppress evidence. If a judge determines that your Fourth Amendment rights were violated, the evidence obtained during the search cannot be used against you. Without that crucial evidence, prosecutors may not be able to convict you or even bring the case to trial.
Search and seizure violations are most common in:
- Drug cases
- Guns/firearms cases
- Traffic stops and vehicle searches
- Cases in which police have a warrant, but exceeded the scope of that warrant during the search
At Fox & Fox Co. L.P.A., our criminal defense attorneys bring decades of experience to each case and each client. We strongly believe in preserving Fourth Amendment protections and will fight against any evidence that was obtained in violation of your rights. Our extensive knowledge of the law and experience in the courtroom make us especially effective in criminal defense matters, including search and seizure violations.