4th amendment violations

The Fourth Amendment provides you with the legal right to be free from an unreasonable search or seizure. There are a number of ways that a search or seizure can be wrongful. If the police have violated your Fourth Amendment rights, you may have certain recourse in court that could even mean the end of your criminal case.

The police cannot simply walk into your home to take evidence, nor can they automatically look into your car. They cannot obtain a search warrant unless they show evidence that they have a reasonable belief that a crime has been committed. Once they have a search warrant, they cannot overstep the bounds that are clearly listed in the search warrant. Police also cannot arrest you unless they have probable cause.

Fourth Amendment violations do not always result in evidence being suppressed. First, there are a number of exceptions to the Fourth Amendment that allows police to conduct searches without warrants. If they are already on your property, and they see probable cause elsewhere, they can look where they need to in order to conduct a search. You must show that the illegal evidence seized was the “fruit of the poisonous tree.”

If the police did not have probable cause to arrest you, there is a possibility that you could get the charges dismissed. If the Fourth Amendment violation was an illegal search, you may be able to get the evidence suppressed. If your case relies on physical evidence, it could even mean that you are acquitted or the charges are dropped.

Contact a Marin County Criminal Defense Attorney

The Mason Law Office can provide you with tough legal representation when your freedom is on the line. We hold law enforcement accountable when they have violated your legal rights. To get legal help, you can call us at 833.717.1127 or send us a message online.