Rhode Island Criminal Defense Attorney
Search and Seizure
The Fourth Amendment
The U.S. Constitution protects people from unreasonable searches of their persons and property, in addition to prohibiting police officers from performing unlawful arrests, referred to as seizures. The Fourth Amendment ensures that citizens are safe from government intrusion into their homes and businesses and only allows a breach of this protection under specified circumstances and through special procedures. Items that are seized unlawfully (including purses, luggage, and vehicles, to name a few) may not be used as evidence in a criminal trial.
You are protected by the Fourth Amendment if:
- While walking down the street, you are stopped by police for questioning
- You are pulled over for a traffic violation and the cop searches your trunk
- You are arrested
You are also protected if police officers:
- Enter your house to arrest you
- Enter your home to search for evidence of a crime
- Enter your business to search for evidence
- Confiscate your vehicle or personal property and place it under police control
Police Breaking and Entering
Obtaining a search warrant, warrant for arrest, or having proof of probable cause that you have committed a crime gives police the right to enter and search your property. Otherwise, any arrest or seizure of property made by police officers is considered unlawful and in violation of your Fourth Amendment rights. Evidence obtained in this unlawful manner will be thrown out in a criminal case and cannot be used against the defendant whose rights were violated. This includes confessions obtained during unlawful arrests.
If you have been arrested and believe your Fourth Amendment rights were violated,
contact Rhode Island criminal defense lawyer James Powderly at 401-622-9006 to discuss your case and further legal options.