What do illegal search and seizure entail?

| Feb 3, 2020 | illegal search and seizure |

According to a study the Connell Law School, 2 out of 3 individuals have lost their fourth amendment rights to DHS. Agents do not need a probable cause or a warranty, for that matter, to search and hold your property. 

The law dictates how much authority law enforcers have to search and seize your property. Primarily, the goal of the fourth amendment is to prevent government officials from illegally searching private property. 

It is good to note that these laws do not just apply to government officials and law enforcers. They also cover searches of your personal property by your employer, landlord, or private security. If they do, they should be ready to face any criminal penalties that apply. 

Police officers have the authority to search and take your property if they have a probable cause, or have the support of an oath or affirmation from you. It includes a warranty that a judge may sign indicating that the officers have a probable cause that necessitates searching your property. 

In a case of unreasonable probable cause, the court may determine whether they interfered with your privacy. It may also give you the exclusionary rule where any evidence gathered from your property without following the right procedures cannot get used against you in criminal proceedings. 

Therefore, these laws bar police officers from using illegally seized information to arrest you and present you in a court of law. Also, you should note that a police officer can take items that are in sight if they are illegal. Besides, it also includes things that they can smell.