Were My Fourth Amendment Rights Violated?
If you have been arrested for any type of criminal offense in Texas that occurred after a search of your property, it is critical to understand your Fourth Amendment rights and whether your Fourth Amendment rights could have been violated. The Fourth Amendment of the US Constitution protects people, including Texas residents and visitors to the state, against unreasonable searches and seizures.
What that means in practice is that any law enforcement officer who conducts a search of your person or your property must have either a warrant or what is known as “probable cause” to conduct the search. Otherwise, the evidence obtained from a warrantless search that also constitutes a Fourth Amendment violation cannot be used against you. In addition, any evidence that law enforcement obtained later on as a result of the evidence initially obtained from the unreasonable search is considered “fruit of the poisonous tree” and also cannot be used against you. How can you know if your Fourth Amendment rights were violated? Our Texas criminal defense attorneys can provide you with more information.
Unreasonable Searches of a Home
A warrantless search of a home can only be conducted if the law enforcement officer has probable cause unless one of the following exceptions is true:
- You consented to the search of your home or residence;
- The search occurred incident to a lawful arrest;
- There were exigent circumstances; or
- Evidence seized was in plain view.
Unreasonable Searches of a Vehicle
In general, a warrantless search of a vehicle can only occur if a law enforcement officer has probable cause unless one of the following exceptions is true:
- You consented to the search of the vehicle;
- You went through a lawful checkpoint; or
- You were in an area where vehicles are subject to search.
Unreasonable Searches of a Person
The Fourth Amendment protects against unreasonable searches of a person and property. Without a warrant, a law enforcement officer must have reasonable suspicion to stop you and probable cause to search you (such as your pockets or a bag you are carrying) unless you give consent. However, sometimes these searches can be slightly more complicated than the ones discussed above because of something known as the “stop and frisk.”
In short, it may be lawful for a law enforcement officer to stop and pat you down (or “frisk” you) when they have reasonable suspicion (rather than the heightened requirement of probable cause) that you could be armed or about to engage in dangerous conduct.
Contact a Criminal Defense Attorney in Texas
Anyone who is facing criminal charges in Texas should have an experienced defense attorney on their side. It is particularly important to seek legal advice if you believe your constitutional rights may have been violated, meaning that the evidence being used against you is unlawful. An experienced Texas criminal defense lawyer at John Reed, Attorney at Law can speak with you today about the charges you are facing and potential defense strategies. If we believe your Fourth Amendment rights were violated based on the facts surrounding your arrest, we may be able to have the charges against you dropped entirely, or to have specific evidence against you thrown out. Contact us for more information about how we can assist you.
Source:
uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does-fourth-amendment-mean
