A common defense in criminal cases, particularly in cases involving drug crimes, is the violation of the defendant’s right to protection from illegal search and seizure. Law enforcement must adhere to strict protocols when searching a person or their property. Failure to uphold the legal standards can be highly detrimental to the prosecution’s case. If you have been charged with a crime, an experienced Kane County, IL criminal defense attorney can help you understand your constitutional rights and how they impact your case.
What Are the Laws Regarding Illegal Search and Seizure?
The Fourth Amendment of the Constitution states that you have the right to be secure from unlawful search and seizure of your person, house, effects, and papers. This means that law enforcement must have a valid warrant to search or take your property. There are only a few exceptions to the warrant requirement. For example, police can search if they have your consent, if evidence is in plain view, if you are already under arrest, or if there are exigent circumstances. Vehicles can also be searched without a warrant if there is probable cause.