Search and Seizure
The Fourth Amendment to the U.S. Constitution protects citizens and criminal suspects from unreasonable searches of their property and persons, and prohibits police officers from making unlawful arrests ("seizures"). Although this may seem straightforward, the law on these rights is not necessarily so. This section contains information on searches and seizures, what the law requires from police, what constitutes "probable cause", and much more. Click on the links below to get started:
"Search and Seizure" Basics:
- "Search and Seizure" and the Fourth Amendment - An outline of the guarantees provided by the Fourth Amendment, when it applies, and violations of the right.
- Search and Seizure Law - An in-depth look at what may constitute unreasonable searches and seizures, individuals' expectations of privacy, and more.
- Searches and Seizures FAQ - Explanations of just what a "search" is, search warrants, police powers, traffic stops, impounds, and more.
- Searches and Seizures: The Limitations of the Police - What police may, and may not do, when it comes to searches and seizures of people and their property.
- Probable Cause - Clarification on just what it means for police to have "probable cause".
Austin Search and Seizure Defense: The Charles Johnson Law Firm
Sometimes a person suspected of a crime does not realize that he has the right to refuse permission to search. At other times, the suspect may feel that he can bluff his way through the search by pretending that he has nothing to hide. In either case, law enforcement ends up with incriminating evidence, legally obtained, that might not have otherwise been available to them.
On the other hand, the assumption that the police need a warrant for every search can lead to a false sense of security – there are times when a warrant is not required.
The many common misconceptions about search and seizure may seriously jeopardize your criminal defense. Schedule a free, no-obligation consultation with Attorney Charles Johnson for more clarification and guidance.