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Camden Criminal Lawyers: Search & Seizure Under the Fourth Amendment

October 30, 2017

Camden Criminal Lawyers: Search and Seizure and the Fourth Amendment

One of the most important rights that a citizen has is their security against unreasonable searches. This right is one cemented by the Fourth Amendment, created as a reaction to British abuses in colonial times, and remains relevant to this day. The Fourth Amendment specifically protects the people from unreasonable searches and seizures without probable cause, and establishes the importance of a warrant.

Camden criminal lawyers know it can be difficult to understand exactly what determines an unreasonable search and seizure. However, if a search and seizure was unreasonable, it can be an important part of a criminal defense, and can lead to dismissal of evidence. For this reason, it is important to have an effective criminal lawyer who can determine whether or not a search and seizure was reasonable.

Defining Probable Cause

Probable cause is reliable information that confirms that a crime has been committed by an individual. However, it is necessary that this information is properly obtained by police. For example, in a 2004 drug case, a suspect was tracked using a GPS device on his vehicle, and was subjected to search, seizure and arrest. However, the evidence was dismissed once it was determined that the GPS device was placed without a warrant. Since there was not enough probable cause to give police the right to place this device, the criminal charges against the suspect were dropped.

Obtaining a Warrant

Once probable cause has been legally obtained through police investigation, officers must obtain a warrant to search a suspect’s property. A warrant is granted to police by a judge, who reviews all evidence gathered for probable cause. The judge determines whether this evidence was properly gathered, and if it does indeed fulfill probable cause. If it does, then the warrant is granted, and the police may conduct their search and seizure. It is important to determine whether or not all of these steps have been completed; if not, then the search and seizure very well may have been unreasonable.

Camden Criminal Lawyers at The Law Offices of Michele Finizio Defend Against Unreasonable Search and Seizure

If you feel that you or someone that you know is facing criminal charges due to an unreasonable search and seizure in New Jersey, Camden criminal lawyers at the Law Offices of Michele Finizio are ready to help you. We will build a strong criminal defense and ensure that you are given a proper and fair trial. We represent clients throughout Burlington County, Camden County, and throughout South Jersey. Call us at 856-888-9059 or contact us online to schedule a free consultation at our offices in Moorestown, New Jersey.

Reviews Matter

“First class representation. Michele was my son’s attorney after he made a slight but bad decision that hurt no one, but one that potentially could have a caused a lifetime of employment problems in the future, despite having a four year college degree. First of all Michele was very proactive in protecting his rights. Rights we were not even aware of. She provided quick and reliable answers to our questions. Before we met with her our anxiety and worry was insatiable. The peace we felt after our first consultation alleviated all that and we knew we picked the right attorney. Her excellent negotiation skills resulted in a settling his case quickly and without conviction.

We owe a debt of gratitude for her service. I was shocked at how much she was able to do for my son. She is a solid lawyer who is honest and works to insure the best possible outcome for her client is achieved.”
- Former Client

“Michele was very prompt when getting back to me when I called regarding legal counsel. Michele kept me informed and in the loop while awaiting trial. Very professional qualities and I highly recommend Michele and will continue to seek her legal expertise in the future. Thanks.”
- Former Client

“I could not had ask for a better attorney. Michele Finizio treated my case and the case of those I’ve recommended as if we were part of her family. She gave it all she had, made her voice and case be heard in court and made it count, and we had the best possible outcome, thanks to her experience and expertise. Thank you very much for an outstanding job.”
- D.A.

"Michele is an outstanding, no “beating around the bush” lawyer. She has done a remarkable job as a lawyer for me. Before Michele, I did not get along with Criminal Lawyers – she comes HIGHLY recommended by me to anyone who needs a Criminal Lawyer."
- C.O.
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