Philadelphia Illegal Search and Seizure Lawyers There are several variables that come together to determine whether a search and seizure is lawful. Was a warrant issued? If not, we need to determine whether there were any exceptions that supported the officer’s actions. Was consent given by the person who was arrested? If not, did the officers have probable cause before making the arrest? Were officers’ actions dictated by exigent circumstances? Since the nuances of the Fourth Amendment and its application have been the focus of legal examination for a large portion of our country’s history, the amount of factors that go into this consideration far exceeds the limited description we are offering here. The search is still void until they present their case and demonstrate that their activities were lawful. We shall raise doubts in this regard using every piece of evidence at our disposal. It is crucial to defend your rights under the Constitution and its amendments.
What Are Some Other Crucial Elements of Unlawful Searches?
Police may temporarily detain someone who is not under arrest if they have a good basis to believe that a crime has been committed or that the person is armed and dangerous. While it is not permitted to leave during an investigatory detention, a thorough search is. Known as a Terry stop or frisk, police may pat down or frisk the outside of your clothing for weapons or contraband. According to the simple touch doctrine, during a pat-down, police enforcement must identify what is instantly obvious to be contraband without touching anything. Things that aren’t immediately obvious as illegal include pill bottles and plastic bags.
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Arrest and the Probable Cause
The police require probable cause before they may make an arrest. In other words, a crime has been committed, and you were probably the one who did it. It goes without saying that these searches take longer than investigatory detention. This is where an officer may, subject to certain restrictions, search you and your surroundings in order to make an arrest.
Miranda Alerts
The general public frequently misunderstands the requirement that Miranda warnings be read following an arrest. That isn’t true. When being questioned in custody, Miranda applies. The suppression of the statement and any results derived from it would be the solution to the absence of Miranda warnings.
Search for Probation or Parole
One’s right to privacy is more restricted while on probation or parole. Actually, all probation and parole officers need to perform a search is a reasonable suspicion. Evidence that tends to establish a third party’s culpability may be admitted if it is found during the search.
Anonymous Advice
People are frequently stopped on the basis of “anonymous tips.” If the police receive a tip that includes a person’s identity, location, and description, a search may be deemed invalid if no supporting conduct is shown. To put it another way, if the police receive a call about a man “with a gun,” they cannot just search or stop you if you match the description without any other information.
Conclusion
In addition to forbidding searches for which no warrant has been obtained, the Fourth Amendment mandates that warrants specify the precise subject of the search. Even now, those accused of crimes based on evidence gathered illegally (via searches and seizures) have the right to request that any evidence gathered be excluded. This can also apply in those cases in which a warrant was issued, but authorities overstepped the limits of the permitted search.
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