Searches and Seizures: Were Your Rights Violated?

 Posted on April 24, 2025 in Criminal Defense

The Fourth Amendment to the United States Constitution affords you a very important right to be free from unreasonable searches and seizures. When that right is violated in an investigative process, any evidence collected during the search likely cannot be used against you. An experienced Bel Air, MD Fourth Amendment defense rights attorney can help you understand the law that governs searches and seizures and how it may impact your case.

Understanding Your Fourth Amendment Rights

The Fourth Amendment explicitly states that people have the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." It also clarifies that without probable cause, a warrant cannot be issued to search you or your property. This does not mean that all searches and seizures are unconstitutional. It just means that they have to be for a good reason. Unfortunately, even with the legal requirements clearly stated, illegal searches and seizures still occur.

Recognizing Fourth Amendment Violations

An experienced legal representative can assess the details of your arrest and determine whether your constitutional rights were violated. Some common examples of Fourth Amendment rights violations include:

• Lacking a warrant or probable cause: The absence of a warrant, your consent, or any justification is a clear indication of unlawful search and seizure. 

• Invalid warrant: If a warrant is too broad or was issued based on false information, the evidence seized during the search would be considered unlawfully obtained.

• Unreasonable surveillance techniques: If the police tapped your phone or tracked you using GPS without a warrant, they likely violated your rights.

• Pretextual stops and searches: This occurs when an officer uses an unjustifiable excuse to stop you when their intention is to search for evidence regarding another matter.

• Exceeding the scope of the law: Even if officers have a warrant, they have to stay within the limits it sets. Searching unrelated personal effects would be a violation.

• Illegal search incident to arrest: Officers will typically search your person upon arrest, but they must have a lawful reason to do so.

Sometimes, Fourth Amendment rights violations are not blatantly obvious. Having a knowledgeable legal representative on your side can be crucial to finding unlawful aspects of your arrest.

Using Fourth Amendment Violations in Defense

If your attorney finds evidence of unlawful search and seizure in your case, they can use it as a foundational part of your defense. They may file a motion to suppress the evidence collected during the search, citing that it is inadmissible. They could also challenge the warrant’s validity if it was issued without probable cause. In cases where the prosecution’s evidence primarily comes from an illegal search, an attorney will likely file a motion to dismiss the charges against you. Without sufficient evidence, the court may throw out the case altogether.

Contact a Towson, MD Criminal Defense Attorney Today

Courts take constitutional rights violations seriously. If you believe the officers investigating your case may have unlawfully gathered evidence against you, a Glen Burnie, MD Fourth Amendment Rights lawyer at Seger Law, LLC can help you understand how that may benefit your case. Call 443-208-4692 to schedule a free consultation with a supportive attorney who will take an aggressive approach to defending your rights today.