Illegal search and seizure on I-35 is something lots of motorists have actually experienced in the past number of years because of the widespread drug activity caused by conflicting drug laws of neighboring states. An officer will normally start a stop unlawfully, pulling over a motorist merely because he/she is suspicious of an out-of-state license plate. Generally, the officer will provide a small traffic violation for the reason of the stop before asking the driver to submit to a search of the automobile. This circumstance is really terrifying to drivers, and many times motorists will consent the unlawful search of their car and/or home to take place without a fundamental understanding of what is acceptable in accordance with their constitutional rights.
When Does It Become Illegal Search and Seizure On I-35?
State or federal law enforcement officers might simply perform a search of your home if they have probable cause. They need to have a legitimate search warrant or a cause to believe, more than simply a suspicion, that a crime is currently being committed or that you are about to commit a crime. An arrest has to be assisted by probable cause in order to be considered lawful. Only after an arrest has actually been made can the authorities search, or “frisk,” the body of the individual who was jailed for weapons or unlawful products. In addition, the authorities can search the automobile, including the trunk, if there is a reasonable belief that they hold prohibited or stolen goods.
To stop a motor vehicle, an officer only needs reasonable suspicion that the driver is in the process of committing or has committed a traffic offense. In most cases, the reasonable suspicion arises from the officer’s own perceptions of the driver’s behavior. As a general rule, however, a speeding or traffic violation, by itself, will not verify the search of an automobile. A motorist’s increased speed does not suggest that the driver is violent, and it does not provide the police officer any reason to believe that he is in jeopardy of being assaulted.
Combating an Illegal Search and Seizure on I-35
There are many steps to fight illegal search and seizure on I-35 because all cases naturally possess their own set of circumstantial variables. The 4th Amendment of the Constitution of the United States, however, is an excellent place to start since it restricts illegal searches and seizures. Generally, a number of the illegal searches and seizure cases brought to court are made without a warrant are unconstitutional and invalid. This is generally referred to as the “Fourth Change warrant requirement.” A search warrant authorizes police officials to search only specific and certain locations for certain and specific items. Proof gathered by police through an unlawful search and seizure can not be used in a criminal action versus an accused. This doctrine is known as the exclusionary rule.
Illegal Search and Seizure on I-35 Defense attorney in Minnesota
The law pertaining to illegal search and seizure on I-35 is long and complex. You have to know completely not only the specific laws of your state but also the common law, in order to efficiently challenge the charges against you. However simply looking into the matter is insufficient. You have to get a criminal defense lawyer who has knowledge of how “the other side” works to get things done. A terrific drug lawyer can help you figure out your illegal search and seizure on an I-35 case and determine if the evidence was obtained without a warrant or probable cause and whether it should be allowed in court.