Unlawful Search and Seizure
The Fourth Amendment states that it is “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures . . ..”
The police are not permitted to frisk you or perform a cavity search unless they can prove that there were circumstances that would lead a reasonable person to believe that you had committed a crime. This rule also applies to searches of your vehicle and of your home. Also, in most instances, the police cannot simply enter your home without a search warrant.
Evidence that is collected by police in violation of the Fourth Amendment must be suppressed in any criminal case. Moreover, if the police violate your rights and perform an unlawful search and seizure, you may have a right to compensation.
At Treyvus and Konoski, we have extensive background and experience suing police for violations resulting from an unlawful search and seizure. If you have any questions about your, call or email us today!