What Does the Search and Seizure Law Entail?

Published 09/07/19 by Admin

One of the most effective methods of having a charge dismissed is when police officers violate the established rules for a valid search and seizure operation. The 4th Amendment guarantees all individuals have specific rights regarding personal property when they are suspected of criminal activity. While most search and seizure issues are elements of a drug investigation, the same principles can apply in all cases. Prosecutors are not always receptive to the defense, but the method of obtaining evidence is always an issue when the case goes to trial. An experienced attorney like Barr Jones & Associates Cleveland Ohio criminal defense lawyers can inspect all articles of evidence for proper seizure and request dismissal when all criteria for a legal search are not met.

Traffic Stops

One of the most common illegal search and seizure issues is when an officer stops a driver and requests to search the vehicle. Vehicle owners are often requested to allow the search, but it is rarely in the best interest to do so. The “plain sight” rule does apply when they look into the vehicle, but they must actually have reasonable suspicion beyond merely wanting to search otherwise. Never allow the search even if you are not guilty of committing a crime, especially if the officer suspects drug activity, and consult with a defense law firm in Cleveland immediately.

Building Searches

Officers also commonly are sent to confiscate evidence at homes and business locations when conducting raids as well, but they typically will have a warrant in hand. However, they can also conduct investigations from complaints that can result in an officer requesting to search the home for any particular reason. They need a valid warrant to search a home for the most part unless they see criminal activity firsthand, and cases involving over-zealous officers who enter a dwelling without a warrant could result in any seized evidence being suppressed.

Contact a Reputable Criminal Defense Law Firm in Cleveland

Call Barr Jones & Associates Cleveland Ohio criminal defense lawyers for solid, aggressive representation.