SEARCH & SEIZURE

The Fourth Amendment of the U.S. Constitution protects people from unreasonable search and seizure. It limits the power of police to search a person, make arrests and seize property without "probable cause" that the person committed a criminal offense can law enforcement conduct searches and seizures. The basic purpose of the Fourth Amendment is the protection of our right to privacy.

When a defendant's Fourth Amendment rights have been violated, the validity of their case can be challenged. This can result in a reduction in charges or case dismissal. It can also preclude evidence collected during the illegal search from being admissible in court, which can lead to an acquittal or not-guilty verdict.

Search and Seizure laws only come into play when you have a "legitimate expectation of privacy". Having drug paraphernalia in plain view on your passenger seat does not qualify as a circumstance where you can expect privacy. An officer is fully allowed to seize those items as evidence against you. Even if you did expect privacy in the front of your car, this expectation would not be recognized by society and is an invalid defense.

It should also be noted that 4th Amendment rights only apply with governmental officials. If someone like a private security guard merely suspects someone and searches through their belongings, whatever evidence is found can be used in court. The search was not illegal. A Maryland criminal defense attorney at our office can thoroughly review your case for any violations of search and seizure laws that can be used in your defense.. Having drug paraphernalia in plain view on your passenger seat does not qualify as a circumstance where you can expect privacy. An officer is fully allowed to seize those items as evidence against you. Even if you did expect privacy in the front of your car, this expectation would not be recognized by society and is an invalid defense.

Our firm has considerable prosecution experience and is intimately familiar with the laws pertaining to search and seizure. We can be relied on to tenaciously protect your constitutional rights. Contact us today for help with your search and seizure situation.