Searches and seizures are a pivotal aspect of many criminal cases, particularly those relating to drugs and illegal substances. Law enforcement does have the power to conduct both searches of the person and their property. Nonetheless, these searches must be carried out in accordance with the law.
The Fourth Amendment of the US Constitution protects individuals from unlawful searches. If any of the following occurred during your case, then you may have been subjected to an unlawful search.
No warrant was presented
Other than in exceptional circumstances, law enforcement must produce a valid search warrant before entering your property for the purpose of seizing goods.
The only exceptions to this are if you give them full permission or they have probable cause that a criminal act has occurred within the building. If officers entered without any of the factors above being present, then the search was likely unlawful, meaning that the evidence found could be inadmissible in court.
The warrant was inaccurate
You’re aware that a warrant has been issued to search your place of business, but no correspondence has been issued relating to your home address.
You’ve been given the impression that the search warrant for your business extends to your home address and any other properties that you own. This is very unlikely to be the case. Typically, search warrants must specify the exact address as well as the items to be seized.
Being accused and even charged with a criminal offense does not mean you are guilty. You have the right to build a defense at a fair trial. Seeking legal guidance will help you get started with this process.
