Devastating Illegal Searches? Essential Constitutional Rights You Need

The Fourth Amendment generally requires police to have a warrant supported by probable cause before searching you, with key exceptions like consent, exigent circumstances, and searches incident to arrest. When officers violate these rules, courts may suppress the evidence under the exclusionary rule and you may have remedies depending on the facts. This article explains what makes a search “illegal,” the most common exceptions, how to challenge unlawful searches, and steps to protect your rights.

Ray Hrdlicka – Host – Attorneys.Media

“One of the issues with having priors is Search and Seizure. And so, has the police approach…has law enforcement changed their approach to Search and Seizure given society’s changes?”

Stuart Kirchick– Criminal Defense Attorney – San Jose, CA

“No, no, the police…yeah. The police love Search and Seizure any chance they can get. And so, if someone has priors and they’re on probation, then they have search conditions. So, especially someone who’s got drug problems and they’re running around town, and a lot of cops know who those people are or where to look for them. Oftentimes, They’re going to realize, maybe good chances, this person’s on probation, there’s search and seizure terms and conditions, or on parole search and seizure conditions.

And then almost anything goes for the police in terms of not even needing probable cause, not needing a warrant. So, yeah. No, I mean, even though there’s decriminalization, as we discussed, there’s still law enforcement that’s going to do their job. And in essence, it’s good. I mean, because hopefully, that will get someone off the streets, using drugs, get through rehabilitation, get themselves healthy, and then off those streets, or off…out of the bad dangerous situation.”