Protecting Your Rights: Key Aspects of Search and Seizure Laws in Alabama

The law related to search and seizure can have a significant effect on the outcome of a criminal case. In fact, if the police engaged in illegal search and seizure in your case, it may result in the charges against you getting dropped entirely. 

To find out if the police violated your rights relating to search and seizure laws and whether it might help your defense in your criminal case, you should immediately contact an Alabama criminal defense attorney today.

What is Search and Seizure?

Many criminal actions result from the police searching a person or their belongings during an encounter or pursuant to a warrant. The Fourth Amendment protects individuals from unreasonable searches and seizures conducted by the government. Search and seizure refers to the authority of law enforcement to search a person, their property, or their belongings and to confiscate any evidence related to a crime.

However, the Fourth Amendment does not guarantee complete protection against all searches and seizures. Instead, it establishes the standard of reasonableness that law enforcement must adhere to so officers do not violate the rights of citizens.

What are the Limits on Police?

Courts determine the reasonableness of a search or seizure by balancing an individual's Fourth Amendment rights against legitimate government interests. In general, the police must have either consent, a valid search warrant, or probable cause to conduct a search of your person, belongings, car, home, or other place where you have an expectation of privacy. If they do not, your rights may be violated.

What Happens if the Police Violate Your Rights?

If the police violate your Fourth Amendment rights during a search or seizure, the evidence they seize as a result of that violation may be inadmissible in court. This is known as the "exclusionary rule." Your defense attorney can request that the criminal court keeps the evidence out of your case.

However, there are exceptions to this rule.

• Good Faith Exception - If the police conducted the search or seizure in good faith, believing they were following proper procedures, the evidence may still be admissible in court, even if a technical error or violation occurred.
• Inevitable Discovery Exception - If the evidence has been inevitably discovered through lawful means, even without the illegal search or seizure, it may still be admitted in court.
• Independent Source Exception - If the evidence can be traced back to a legitimate and independent source unrelated to the illegal search or seizure, a court may deem the evidence admissible.

A skilled criminal defense attorney can advise when no exceptions apply and evidence should be inadmissible in your case. Often, this can lead to your charges getting dismissed, as the prosecutor might be left with insufficient evidence for a conviction. 

Call an Alabama Criminal Defense Lawyer Today

If you find yourself facing criminal charges, consult with the Law Office of Richard F. Matthews, Jr. right away. Criminal defense attorney Matt Matthews is dedicated to protecting your rights and will fight diligently on your behalf. Don't face the criminal justice system alone; let our experienced attorney guide you through it. Contact us today for more information.