Illegal Search and Seizures
As a U.S. citizen, you have certain rights that are protected by the Constitution; the Fourth Amendment, for instance, protects your personal privacy from unreasonable government intrusion. This protection extends to your person, home, business, and other property. State and federal governments put safeguards in place to protect these rights fully, including the necessity of warrants to search certain premises.
When law enforcement officers fail to follow these protocols, they are performing an illegal search and seizure. As such, any evidence they find cannot be used against you in the court of law. Fortunately, the criminal defense lawyers at the Law Office of Daniel Jensen, P.C., may help you protect the rights that law enforcement officers violated.
When Does the Fourth Amendment Apply?
The Fourth Amendment is a fundamental right to privacy, and any violation of this right is unacceptable. The Fourth Amendment is applicable in the following scenarios:
- An individual is arrested
- Officers enter a premise to search for evidence of crime
- Officers enter a house to place an individual under arrest
- Officers enter a corporation to search for evidence of a crime
- Officers pull over an individual for a minor traffic violation
In order to legally search and seize an individual, officers must have a valid search warrant, valid arrest warrant, or probable cause that an individual was involved in a crime.
Contact a San Jose Criminal Defense Attorney Today
If you or someone you know has been charged with a crime in San Jose, the criminal defense attorneys at the Law Office of Daniel Jensen, P.C., may help represent you in court. If any evidence was gained during an illegal search and seizure, our team will work to have this evidence dismissed. Please call (408) 296-4100 today to learn more about protecting your rights in court.