THE POLICE SEARCHED MY HOME OR CAR, WAS IT LEGAL?
June 5, 2019
Every day police search vehicles and residences. This evidence gathering plays a significant role in the criminal justice system. However, there are rules that establish how, when, where, and why police may conduct searches of vehicles, residences, and even persons. In the event law enforcement violates one of the rules or a person's constitutional rights in the process, there are consequences.
Determining if a search was constitutional or legal requires a thorough and complete review of the facts and the law. The events that took place should be carefully scrutinized to determine if, in fact, there was sufficient justification or probable cause for the search. Further, the manner in which the search was conducted should be looked at to determine if the search itself was constitutional. Challenges to the constitutionality of a search are brought by an experienced defense attorney in the form of a Motion to Suppress.
Each individual case is different and it is recommended that you consult with an experienced criminal defense attorney so that he may review the facts and laws particular to your case.