Search And Seizure | Constitutional Rights You Need To Know
You have rights against search and seizure in every state. Knowing what an unlawful search is and how to protect your rights in a police search can make all the difference between a criminal charge and preserving your rights.
At J. Kippa Law, LLC, defending your freedom is attorney Jeffrey Kippa and team’s priority. After 30 years working with prosecutors and the criminal justice system, their thorough knowledge and compassionate approach have helped hundreds of Wisconsin clients from Oshkosh to Green Bay.
You Can Say No To Unreasonable Searches
The Fourth Amendment protects United States citizens from searches of their person, property, car and place of residence unless the search can be proven reasonable. This law also protects you from a police officer arresting you without evidence. This is called an unlawful arrest or “seizure.”
You may, however, be legally searched or arrested if the following situations occur:
- The police have a valid search warrant or arrest warrant.
- Probable cause exists that you have committed a crime.
- Specific facts and circumstances exist showing that you committed, will commit or are about to commit a crime.
- Public safety or your safety is in question.
- Illicit objects or substances are in plain view.
- The situation is an emergency.
- Someone else, like a roommate or car towing company, gives consent to search your home or car.
- You give consent.
You can protect your rights by staying calm and saying, “I do not give consent to be searched.” This can guard you if you end up in court, because evidence from an unlawful search may not be usable. Unfortunately, police misconduct and civil rights violations still occur. Contact a lawyer as early as possible for representation if you believe you have been unlawfully searched or arrested.
Free Consultations On Your Rights
Lawyer Jeffrey Kippa’s criminal defense team serve clients from their Appleton, Wisconsin, office and over the phone. Clients have their attorney’s cellphone number and can call when emergencies arise. Schedule a free, confidential consultation to learn how they can help protect your rights. Call 920-733-1100 or use the simple online form to set up an appointment.