Delivery Lawyer State College, PA
Illegal Search and Seizure: Were Your Rights Violated?
The American Constitution protects this country’s citizens from unreasonable search and seizure through the Fourth Amendment. However, that does not prevent some law enforcement officers from overstepping their legal bounds by violating people’s rights with illegal searches and subsequent seizures or arrests. If you were arrested on criminal charges, and if a police officer or other law enforcement agent violated your rights in the process, a delivery lawyer from De Boef Lucchesi and Assoc., P.C. may be able to get your charges dropped. Call us without delay for a free consultation to find out how we may be able to help you.
The Fourth Amendment
The Fourth Amendment of the United States Constitution guarantees the right against unreasonable searches and seizures, conducted by law enforcement, of a person’s body, house, and/or possessions. In order to perform a legal search, the officer or officers must have a reason to perform that search, and they must have a warrant issued to them for that search by a judge. In turn, the warrant must specify what they will search for, where exactly they will search for it, and who resides in that house, or owns that car or property. When all of those criteria are met, the search is considered reasonable. If the specified items are found in the specified location, then the law enforcement agents can seize or take them into custody as evidence.
Violation of Rights
If you were arrested on criminal charges in large part because of evidence found in your possession (be it your vehicle, home, or body), then the law enforcement agency has to prove they followed the law when obtaining that evidence. When a defendant hires a criminal defense attorney in State College, PA from our firm, they can feel confident that if their rights were violated we will make every effort to prove that. If we are successful, we may argue that your charges should be dropped, or reduced at the very least, depending on the circumstances.
Fruit of the Poisonous Tree
When someone is arrested based on evidence found by law enforcement officers who searched that person’s premises, body, or property, another law may come into effect to protect that person’s rights. It’s called Fruit of the Poisonous Tree. This is a legal doctrine that focuses on evidence that may have been discovered illegally. For example, if a police officer searched your house without a warrant and found illegal narcotics, they could not use the narcotics as evidence to arrest you for possession of illegal drugs. The “poisonous tree” in this case refers to the illegal search and the drugs would be the “fruit.” However, there are exceptions to this doctrine, which your criminal defense lawyer can explain to you if they apply to your case.
If you were arrested on a drug charge, you have the right to defend yourself. When you hire a delivery lawyer State College, PA residents trust, you can feel confident that your rights will be protected and your charges could be reduced or even dropped. Give us a call without delay so we can provide you with the information you need to make an informed decision about your case.