Did the Police Search You Illegally?
The honest truth is that our attorneys have been involved in too many cases where individuals have been arrested following an illegal search. The scenarios are virtually endless in our practice when it comes to a motorist, homeowner, or tenant, charged with a crime after being improperly searched by police. If you were subjected to a questionable search, including one of your car or house, the evidence seized may be subject to exclusion because your rights were violated. The reason for this lies in the fact that you possess a constitutional protection against unreasonable search & seizure. A search is considered illegal where this right has been violated and a motion to suppress the related evidence will result in dismissal of the case.The lawyers at our firm will be happy to guide you through this process and utilize their 100 plus years of collective experience to protect you against a conviction on any type of offense.
Improper Car Search
There is little question that given the nature of vehicular travel, the most common situation where this issue arises involves a Car Search. However, police cannot simply search the passenger compartment, glove box, or trunk of an automobile, following a stop and most possess probable cause or some other exception to permit this action without a warrant. In point of fact, the law in New Jersey even protects against requests for a consent search of a motor vehicle unless the police have proper suspicion to make such a demand. To learn more about the law surrounding car searches, read more.
Constitutionally Defective House or Apartment Search
Given the sense of privacy and protection individuals have with respect to their home or other residence (e.g. apartment), the constitution generally bars entry to conduct a search without a warrant. This rules is referred to as the warrant requirement. Although their exist exceptions to this rule under the law, evidence seized following a warrantless house search typically will be suppressed by the court. For additional information on house or apartment searches, read more.
Defective Search of Your Person
It is true that police can conduct a pat down of a person as a precautionary measure where the situation dictates but a more intrusive search of the body, pockets, a handbag, or wallet is not legal absent legitimate suspicion of a crime. Way too often this rule of law is ignored by police so that evidence can be seized improperly. A more in depth discussion of searches of the person can be found if you read more.