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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.

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