Austin Criminal Defense Lawyers

Illegal Search & Seizure

Every person in the United States has a guarantee to certain property rights. Among these is a protection from illegal search and seizure. This right is guaranteed in the Bill of Rights’ fourth amendment to the United States.

Basically, a law enforcement official may not confiscate a person’s property without a very explicit, detailed, correct warrant. This protects the individual from having their property seized on a whim. A warrant is not something that can just be procured from thin air. To obtain a warrant, an individual must have cause and a reason to suspect that something might be involved. These warrants are sworn from a judge.

In addition, the police or any law enforcement agent may not search a person’s property on a whim either. If they do not have a warrant, they must have the individual’s permission to search the property. They cannot just barge into a house and search it in hopes of something turning up that can be used against an individual.

Unfortunately, despite the efforts of the Constitution, law enforcement officers frequently do conduct illegal searches and seizures. When this happens, it is important to notify a criminal defense lawyer so that they can ensure that the illegally obtained item cannot be used against an individual in a trial.

If you have been charged with a crime, it is in your best interest to contact an experienced criminal defense attorney. The Austin criminal defense lawyers of Morales & Navarette are here to help you clear your name. Contact them at 512-474-1499 to determine the best course of action for your defense.