How Do You Fight for Your Fourth Amendment Rights in Court?

 Posted on March 25, 2015 in Your Rights

Some people charged with crimes are innocent. Other people charged with crimes are guilty. Both deserve a passionate and skilled defense. But in some cases, the court should never even get to the issue of guilt because a more serious issue arises. There are cases where the government violates the United States Constitution, the foundation of our entire justice system. In those cases, more than any other, you need the help of an experienced criminal defense attorney. One of the most common parts of the United States Constitution violated by the government is the Fourth Amendment.

What Does the Fourth Amendment Say?

The Fourth Amendment to the United States Constitution protects your right not be be subjected to unreasonable searches and seizures by the government. This includes searches of your person, searches of your home, and searches of your stuff. This is the part of the constitution that requires police to get a warrant in order to perform a search unless either (1) you consent to a search or (2) certain exceptions to the warrant requirement are met. Unfortunately, the list of exceptions to the warrant requirement keeps growing and growing, chipping away at our constitutional rights, and each one of them is complicated enough to warrant its own article or articles. But, on a basic level, the Fourth Amendment is the part of the constitution that says the police cannot search you, your home, or your property just because they feel like it. The amendment also prevents unreasonable seizures, or takings, both of you and of your property.

How Can I Assert My Fourth Amendment Rights?

The most important way you can assert your Fourth Amendment right to be free from unreasonable searches and seizures is to speak up. When a police officer asks you permission to take a look around, you can say no. When an officer asks you to sign a permission to search form, you can say no. Now, in some circumstances this is not possible. If police do not ask for permission, you do not have a chance to say no, and putting up a physical resistance will undoubtedly end up in criminal charges, so do not do that. And if they have a warrant, you absolutely have to let them search. But when a police officer gives you the option to say no, you can use it. They may threaten that going and getting a warrant will make things more difficult for you, but they may very well be bluffing because they may not have grounds for a warrant, which is why they are asking for permission in the first place.

Once My Fourth Amendment Rights Have Been Violated, How Does that Affect a Criminal Charge?

Of course, usually you do not get a chance to say no. The police conduct the unlawful search or seizure and you are left wondering what you can do about it. A constitutional violation like this does not lead to your case automatically being dismissed. Instead it can give you the opportunity to file a motion to suppress any evidence obtained as a result of the illegal search. This is allowed under the exclusionary rule. Under this rule, evidence obtained as a result of an illegal search or seizure is inadmissible in court. This means it cannot be used against you. In some cases, like many drug possession cases, this may result in all or almost all of the government’s evidence against you being thrown out.

Call the Law Offices of Christopher M. Cosley

When you are charged with a crime, you need an experienced Rolling Meadows criminal defense attorney who is ready to fight for your constitutional rights. You should call the Law Offices of Christopher M. Cosley. Christopher Cosley has the experience, knowledge, and passion to fight for you. Our phone number is (847)394-3200.