When you are accused of a drug crime like possession, manufacturing or trafficking of a controlled substance, using a defense based on your 4th amendment rights is often a good approach. Mark Kelly is an attorney who has successfully defended Minnesotans from all types of drug accusations, often by having the evidence suppressed. To read more about your 4th amendment rights, click here. To learn more about evidence supresion, click here.
A search and seizure is when the police or law enforcement officials search your property, such as your home, vehicle, or person, and seize any evidence they find.
In some cases, yes. Police can search you or your property without a warrant if they have probable cause to believe that a crime has been committed, or if there are exigent circumstances that require immediate action, such as the threat of imminent danger.
Probable cause is a reasonable belief that a crime has been committed or that evidence of a crime is present. The police must have probable cause before they can search you or your property without a warrant.
An exigent circumstance is a situation that requires immediate action, such as the threat of imminent danger or the likelihood that evidence will be destroyed if the police do not act quickly.
Yes, you have the right to refuse a search by the police. However, if the police have probable cause or a warrant, they can still search you or your property without your consent. What is a search warrant? A search warrant is a court order that allows the police to search a specific location or person for evidence of a crime. The warrant must be based on probable cause and issued by a judge.
If you believe your rights were violated during a search and seizure, you should contact a criminal defense lawyer immediately. They can help you understand your rights and determine whether the search was legal.
No, evidence obtained through an illegal search and seizure is generally not admissible in court. This is known as the exclusionary rule.
If the police want to search your property, you should ask to see a warrant. If they do not have a warrant, you have the right to refuse the search. If the police have a warrant, you should cooperate with the search.
A criminal defense lawyer can help you understand your rights and determine whether a search and seizure was legal. If your rights were violated, they can help you challenge the evidence obtained through the search and potentially get the charges against you dropped or reduced.
Your 4th Amendment rights protect you against unreasonable searches and seizures. Here are the key components of your 4th Amendment rights:
Protection against unreasonable searches: The 4th Amendment guarantees your right to be free from unreasonable searches by the government. This means that law enforcement officials generally need a warrant, based on probable cause, to conduct a search of your person, property, or belongings.
Requirement of probable cause: Probable cause refers to a reasonable belief that a crime has been committed or that there is evidence of a crime. The 4th Amendment requires that warrants be issued by a judge or magistrate only upon a finding of probable cause.
Warrant requirement: Except in certain limited circumstances, the 4th Amendment requires law enforcement to obtain a warrant before conducting a search. A warrant is a court order that specifically describes the place to be searched and the items or persons to be seized.
Exclusionary rule: The 4th Amendment's exclusionary rule states that evidence obtained through an illegal search or seizure is generally not admissible in court. This means that if your rights were violated during a search, any evidence obtained as a result of that search may be suppressed and not used against you in a criminal prosecution.
It's important to note that there are exceptions to these rights, such as searches conducted with consent, searches incident to a lawful arrest, exigent circumstances, and searches of vehicles. However, these exceptions must still meet certain constitutional standards to be considered lawful. Consulting with a top-rated criminal defense lawyer like Mark D. Kelly can help you understand your specific rights in a given situation. If you have been accused of a crime and need help, contact our office today.