What does the Fourth Amendment protect?
The Fourth Amendment protects you from unlawful and overreaching police interference by limiting the government’s ability to conduct searches and seizures. It also prevents the government from issuing warrants unless probable cause exists – but that’s not all the Fourth Amendment protects you from.
If you were arrested and are concerned that your constitutional right has been violated, you can hire a criminal defense attorney in Lake Charles, LA to help you out.
The Johnson Firm is a leading choice for criminal defense cases in Louisiana. We can review your case and tell you what to do if your Fourth Amendment rights have been violated. To learn more, please get in touch with us.
What are my rights under the Fourth Amendment?
The Fourth Amendment right to privacy applies to all U.S. citizens. Under this right, the government cannot unlawfully search and seize your property. However, the government maintains the right to perform searches and seizures in accordance with the law.
A search or seizure is considered illegal if it occurs without a person’s consent, probable cause, or a warrant. For example, a police officer cannot enter a person’s home without a search warrant. If an officer does, they are violating the homeowner’s Fourth Amendment rights.
Your criminal defense attorney can explain the Fourth Amendment in detail and answer frequently asked questions. If you have been charged with a crime and suspect your constitutional rights have been violated, we may be able to help you get the case against you dismissed. For more information, please reach out to us at (337) 433-1414.
Your Fourth Amendment rights, simplified
You have the right to privacy in your home and to live the life the way you want. Unless the police officer has sufficient evidence to show that you may be in violation of the law, they cannot conduct a search and seizure.
If a search warrant is issued, a law enforcement official can search and seize property with some limitations. For instance, a judge can issue a search warrant that allows the police to search your car, but that same warrant does not grant them the authority to search your home. They would need a separate warrant to do so.
The Fourth Amendment offers many protections, but it does not safeguard you if you voluntarily agree to a search warrant. If a police officer asks to search your home or other property and you say yes, they are legally allowed to do so. From here, if the officer finds out that you are breaking any laws, you can be punished.
Your 4th amendment rights can be violated without you even realizing it. If you believe this to be the case and have been charged with a crime, it is in your best interests to partner with a criminal defense lawyer. Your attorney may be able to build an argument that shows that your constitutional rights were violated, which can help you avoid jail time and other penalties.
How do you show that a search or seizure is unreasonable and unlawful?
In a case where you’re arguing that your 4th amendment rights have been violated, you must be able to show that there’s a “reasonable expectation of privacy.” When you’re at home, there’s a reasonable expectation of privacy. On the other hand, if you’re at a mall, park, or other public venue, there’s no expectation of privacy.
To prove that your privacy has been violated, you can provide evidence that shows a search or seizure was unconstitutional. As an example, police officers may enter your home without your permission, which can lead to an arrest. If the police officers never had a warrant, you may be able to argue that they violated your constitutional right.
How does the exclusionary rule apply to the Fourth Amendment?
There can be instances where police officers illegally obtain evidence from a person. In these instances, the evidence cannot be used against an individual. The evidence must be removed from consideration in a case, which can hurt the prosecution as it tries to get a conviction.
When you have an experienced legal team at your side in a criminal case, they may be able to find issues with how the prosecution collected evidence. If police officers find evidence but violate your Fourth Amendment rights, they cannot use it. With the help of a criminal defense attorney, you may be able to capitalize on the exclusionary rule and use it to get the best possible case results.
Charged with a crime and wondering what to do next? We can help.
The Johnson Firm offers legal help to those concerned about 4th amendment rights in schools and other venues. If you are facing a criminal charge, we can help you determine if your constitutional rights were violated and what can be done to contest any claims against you.
Please contact us online or at (337) 433-1414, and we can discuss your criminal case with you.
