Illegal Search
& Seizure

Fourth Amendment Attorneys Who Will Protect Your Rights

One of the most foundational protections in the United States legal system is the right against illegal search and seizure. The authorities must strictly follow legal guidelines when gathering evidence. It is our firm's mission to ensure that law enforcement adheres to proper protocol and to fight zealously when our clients' constitutional rights have been compromised.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things."

Within this foundational protection lie several wide-ranging implications that remain vital to modern defense strategies. The first and most critical implication is that of probable cause.

What Is Probable Cause?

A search cannot simply "get lucky." To secure a warrant, a police officer must provide a sworn affidavit to a judge asserting a belief—backed by supporting facts—that relevant evidence will be found. If legitimate probable cause did not exist, the entire basis for the warrant is undermined, rendering the search illegal.

Search Warrants Must Be Specific

The Fourth Amendment requires warrants to "particularly describe" the place to be searched. This specificity is a vital check on government power:

• Residential Searches

  While a warrant for a house typically covers all rooms, searching nearby vehicles or separate garages can often fall into a legal "gray area" that requires careful scrutiny.

• Digital & Computer Privacy

  Computers demand a higher standard of specificity. Unless a warrant explicitly authorizes the digital search of a device, logging into and examining a computer may constitute a constitutional violation, even if a general residential warrant exists.

The Exclusionary Rule

When evidence is obtained through an illegal search, our attorneys move to have that evidence "suppressed" or excluded from trial. Without the evidence obtained through unconstitutional means, the prosecution's case often collapses. We examine every detail of the warrant and the execution of the search to identify these critical vulnerabilities.