What is an Unreasonable Search and Seizure?

 Posted on May 29, 2024 in Criminal Defense

Unreasonable searches and seizures are a significant concern for individuals facing criminal charges. The Fourth Amendment of the United States Constitution and Article 26 of the Maryland Declaration of Rights protects citizens from unlawful intrusions by law enforcement. A Maryland lawyer can help you understand what constitutes an unreasonable search and seizure under the law and how it can impact your criminal case.

The Necessity of Probable Cause

For a search or seizure to be considered reasonable, law enforcement officers must establish probable cause. Probable cause exists when sufficient evidence leads a reasonable person to believe that a crime has been committed or that evidence of a crime will be found in a specific location. If probable cause is lacking, any evidence obtained during a search may be inadmissible in court.

Warrants are a Crucial Requirement:

In most situations, law enforcement officers must obtain a warrant before searching or seizing. A warrant is a legal document issued by a judge that authorizes police to search a specific location or seize particular items. However, there are some exceptions to the warrant requirement, including:

• Consent searches
• Searches incident to a lawful arrest
• Exigent circumstances
• Plain view doctrine

If a search is conducted without a warrant and does not fall under one of these exceptions, it may be deemed unreasonable under Maryland law.

The Role of the Exclusionary Rule

When evidence is obtained through an unreasonable search or seizure, the exclusionary rule comes into play. This rule prevents the prosecution from using illegally obtained evidence against the defendant in a criminal trial. The exclusionary rule acts as a deterrent against unconstitutional police practices and protects your rights when accused.

Asserting Your Constitutional Rights

Individuals who believe they have been subjected to an unreasonable search or seizure in Maryland should consult a lawyer. An attorney can evaluate the search's circumstances and determine whether the client's rights were violated. If the search was unjustifiable, the lawyer could file a motion to suppress the proof, potentially leading to a dismissal of the charges.

Contact a Glen Burnie, MD Criminal Defense Lawyer

Unreasonable searches and seizures pose a significant threat to individuals' constitutional rights. Law enforcement officers must have probable cause and, in most cases, a warrant to conduct a search or seizure. If a person's rights have been violated, an aggressive, experienced, and supportive Bel Air, MD criminal defense attorney can fight to exclude any illegally obtained evidence from the case. Call Seger Law, LLC at 443-208-4692 to start with a free consultation.