If you’re facing criminal charges or under investigation, your constitutional rights are essential in building your defense. One of the most important protections is your right against unlawful searches and seizures. If this right was violated, it could be grounds to challenge the charges or even have them dismissed.
When Can the Police Conduct a Search or Seizure Without a Warrant?
There are situations where law enforcement can search or seize property without a warrant. These situations include:
-
Arrest: If you’re arrested, officers don’t need a warrant to search you as it’s part of the process.
-
Plain View: Anything that is clearly visible, like illegal items in a car, can be seized without a warrant.
-
Consent: If you voluntarily agree to a search, you lose your right to object to it later.
-
Traffic Stops: If there is probable cause that your vehicle contains contraband, a search can be conducted without a warrant.
Are Unreasonable Searches and Seizures Illegal?
Yes, the Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. While searches are allowed, they must be justified by probable cause, meaning there’s reasonable belief that a crime has been or will be committed.
What Does Probable Cause Mean?
Before law enforcement can search your vehicle, home, or person, they must have probable cause. This means they must have enough evidence to believe a crime has taken place or will happen. Without it, any search may be considered illegal.
What to Do If You Think Your Rights Were Violated
If you believe law enforcement violated your rights during a stop or search, it's crucial to seek legal advice with an experienced illegal search and seizure attorney. Attorney Joshua P. Golson can help determine if the evidence obtained can be challenged in your case. Attorney Golson will assess whether the search or seizure violated your rights, and if so, can assist in using this violation as a defense. Legal action might include seeking compensation for damages caused by unlawful actions, such as medical costs, emotional distress, or lost wages.
Why It’s Important to Have a Lawyer on Your Side
If you suspect your rights have been violated, don't wait to take action. A qualified attorney will guide you through the legal process and protect your interests. Whether your case involves criminal charges or civil rights violations, having the right representation is essential.
The Law Office of Joshua P Golson is here to protect your rights in Columbia and across South Carolina. If you’ve experienced an unlawful search, it’s important to have an attorney who can fight to have any evidence from the illegal search excluded from your case.
Pursuing Justice After a Search and Seizure Violation
There may be legal options available if your rights were violated. These include seeking financial compensation for damages like medical treatment, property loss, or emotional distress caused by the unlawful search or seizure. Depending on the severity of the misconduct, you may also be entitled to punitive damages.
We are dedicated to representing individuals who have faced civil rights violations and holding law enforcement accountable for misconduct. If you’ve been affected by an illegal search or seizure, reach out to our office today for a free consultation.
Take Action Today and Speak With an Attorney
If you've experienced an unlawful search or seizure, whether during a traffic stop, false arrest, or other police misconduct, don’t hesitate to contact us. We can help protect your rights and ensure the law is followed. Reach out today for a consultation.
