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KNOW YOUR RIGHTS: 4th Amendment-Unreasonable Search & Seizure

The 4th Amendment: Protecting Your Privacy

The Fourth Amendment to the U.S. Constitution reads as follows:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Did you know that there are limits on the power police use to make arrests, search people and their property, and seize objects and contraband?  Do you know what constitutes probable cause for a search? The Fourth Amendment protects against “unreasonable” searches and seizures by authorities.

The Fourth Amendment protects two fundamental liberty interests:

  1. The Right to privacy.
  2. The Right to freedom from arbitrary or “random” invasion.

Knowing your rights protected by the Fourth Amendment is very important and can make a difference in your case. If a search violates the 4th Amendment, and the courts find that an unreasonable search has occurred any evidence seized as a result of the search cannot be used as direct evidence against the defendant.

Miami Criminal Attorney Evan A. Hoffman and The Hoffman Firm’s philosophy is “our knowledge and experience is your best defense.” Mr. Hoffman has been a featured author on criminal law issues regarding illegal search and seizure along with other criminal law issues such as DUI & domestic violence.

Being confronted by law enforcement can be scary to some individuals and when conducting a search Police Officers are not required to advise a suspect that he may refuse the search.  If you have consented to a search there are still many other circumstances that surround the search and you need to speak with an experienced attorney who is versed enough to challenge the search or seizure.

Contact our office today for a free consultation so we can discuss the facts of your case with you. West Palm Beach Criminal Defense Attorney Evan A. Hoffman has the knowledge you need to get the most favorable outcome on your case. Call Now!

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