What Is Unreasonable Search And Seizure And The Things You Need To Do To Secure Your Safety While Undergoing One
On a cold and sunny day, you are sitting down in the park, enjoying the chilling music on your phone, when a cop shows up, pointing his bat at you and suddenly says, “This is the police. Show me your phone, and I need to look through it.”
Panicking, you start pulling your earplugs down, looking at the man towering over you. He’s got the usual police paraphernalia. He has the hat, the badge, and the tacky belt that holds his stomach.
As soon as you hand the phone over to him, he started telling you your name and other necessary details about you. He started going through your phone, application after application, and you can’t do anything.
The cop smiled and finally met your eyes. And just as when you thought that you’re finally safe and he is going to return your phone, the police reaches for his handcuffs.
“This phone is being confiscated. You need to get this in the station.” The cop says.
This introductory seems familiar, right? Although this might seem a little bit absurd, it is happening in real life, only in different circumstances.
Unreasonable Search And Seizure: What Is It?
As humans, it is understandable that we enjoy much of our privacy, and every chance it is broken or invaded, you either fight for it aggressively or feel an adamant fear knocking off your chest.
What is Unreasonable Search and Seizure? The thing is, unreasonable search and seizure are doing all of the things involved in the situation above. The officer can wrongfully exert their power and conduct searching without a search warrant and an apparent cause that you commit a crime.
This act denies the fourth amendment of the United States. It violates the person’s right to be secured in their individuality, properties, and documents against searches that don’t have a solid reason to do so.
Even if you are convicted of a crime, you are still subjected to have consensual encounters. If they abruptly entered your property, this is within the unreasonable search and seizure sphere.
Who Is Involved In The Act Of Unreasonable Search And Seizure?
Usually, the authorities are conducting this search. The exception of the case that this is appropriate is when it is called upon the situation. They already obtained enough information to hold you accountable and will be making a warrant of arrest as they go.
It is up to the court to decide whether the officers’ search was reasonable or not. In this case, the defendants, the victims, need to explain why they think the search and seizure were unreasonable. By then, they will be deliberating over the fact.
The general guidelines of different types of privacy interests that are considered reasonable as outlined by the Supreme Court:
- Individual’s Home
- Individual’s Car
- Individual’s Body
Even though most of these interests fall into the Fourth Amendment, these have different degrees of privacy. The car has lower privacy, so the police may not need a warrant for a search. They have less protection because they are moving. That is why when you commit cases related to traffic and suspicious incidents, the investigation conducted by the officers within plain view should not be a problem.
Exceptions To The Unreasonable Search And Seizure
Yes, as stated above, there is an exception to unreasonable search and seizure. Things such as:
- Good faith
- Consensual searches
- Brief investigatory stops
- Searches to a valid arrest and;
- Claiming of items in plain view.
Search and seizure in good faith in plain explanation is the act of the police officer catching a suitable timing to possess your belonging, primarily if you are found guilty.
On the other hand, standing is the act of being knowledgeable of your situation, and you then tried to plant or hide the secret stash in your neighbor’s home. You can have the ability to deflect being searched at your own home, but it would be a different case on the neighbor’s house as it supposes not to concern you.
Consensual searches are the searches that the officer does with your permission.
Meanwhile, a brief investigation stop is self-explanatory, where the officer detains the suspicious person for a search for a short period.
Assume you are subjected to any unreasonable search and seizure. In that case, it is vital that you still know your rights and ability to walk out of this situation without accepting enormous damage to your account.
Hiring A Professional Lawyer To Help You
Understandably, it can be an intimidating experience to be suddenly subjected to a search, especially if you are innocent. You have a right to remain silent and hire a legal representation to answer for you.
That is why you should look for the right lawyer who only seeks to help you out and protect you and your rights in situations like this.
Yuri Hill Law Firm Is The Right Place To Go To Ask For Help
In looking for a professional lawyer, you must choose the one always putting you first as their priority. It is stressful enough to have your things searched, much more being accused of a crime that you did not commit.
By placing your trust in Yuri Hill, the best criminal defense attorney in Solano County, you will see that he is already an expert at catching cases like this. With numerous experiences related to this and his vast knowledge of the law to pursue your best interest, he is the only one you need to protect you from the harsh and unfair treatment of the enforcers.
He will surely give you the best set of ears to answer your questions and guide you through the following process that will happen. Not only that, but he can also secure the evidence to help you get enough evidence to defend yourself.
To reach them out, you can call and schedule a confidential consultation. The online platform of their law firm is always ready to respond to your queries. Or, if you want to contact them via hotline instead, you can also expect to receive fast and quality client care service.