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What Is Considered an Unlawful Search?

December 29, 2017

Your property is private, which means that law enforcement needs some type of permission to perform a search, or they need to see evidence of a crime without entering or tampering with your property first. If police obtain evidence through an unlawful, illegal search, it shouldn’t be weighed in to your case, because your rights were violated to get it. Having an experienced criminal defense attorney on your side will ensure that law enforcement is held accountable if they’ve violated your rights and that you are not treated as a guilty party before your case has been heard. This article will discuss some circumstances when a search may be considered unlawful so that you know which questions to ask when you consult your attorney.

Search Without a Warrant
A search warrant is a document issued by the court that gives police explicit permission to search your property—which may include your home, commercial properties you own, workplace, or vehicle. To obtain a warrant, police must have sufficient evidence that you have likely committed a crime or are holding evidence somewhere on your property. Warrants may specify certain parts of a given property that can be searched, so be sure to read the warrant so you know where police are allowed to look.

Search Without Permission
A warrant isn’t always needed if you give police verbal permission to search your property. They can also seize evidence that is in plain view, such as drug paraphernalia visible in the center console of your car during a traffic stop.

Knowing your rights is an essential part of protecting them, and you should also know the number of a good lawyer if you are arrested for a crime. Janet Altschuler focuses exclusively on criminal defense law in Tucson, and she can help you build an effective case. To schedule a consultation to discuss your charges, call (520) 247-1789.