When a person is suspected of committing a crime the constitution holds that they are innocent until proven guilty.
Everyone who is suspected of committing a crime has certain civil rights during the arrest procedure.
Police and other law officials are required to follow certain laws, rules, and procedures when they encounter or arrest a suspect.
There are also specific laws that govern how police and other law official conduct search and seizure procedures.
When the police have ample reason to suspect that someone is guilty of a crime, they have the authority to search and seize the suspect in question’s person as well as their property. If police or other law officials search your property or your person and discover illegal goods or anything that links you to involvement in a crime, they have the legal authority to seize those items.
However, there are certain restrictions and rules that govern these procedures. When these rules are not followed, the suspect is now the victim of illegal searches.
First, police must demonstrate that there was reasonable cause to search and seize any of the suspect’s property or person. There must have been great suspicion that points to the fact a crime may have been committed. This is known as probable cause.
Without having adequate probable cause, a search and seizure may be deemed illegal in a court of law.
Sometimes, a search warrant must be obtained before a person’s property may be searched and seized. if the search warrant was not obtained first, the search is then said to be illegal.
If you have been charged with a crime but believe that the arresting officers used illegal methods, or that you are a victim of illegal searches, you should contact an experienced criminal defense attorney. If illegal searches were performed, many cases are dismissed.