Illegal Searches and Seizures

Eric Thole, attorney at law, states in a criminal case search and seizure has the biggest power to make or break a case. Solid evidence is the key for the prosecution to obtain a successful conviction. The police collect the strongest evidence against a suspect from the items obtained while searching their vehicle, property, or themselves. Eric Thole advises if you are a suspect in a criminal case, use your United States Constitution's Fourth Amendment right. It asks the police to abide by the strict restrictions as per the United States Constitution's Fourth Amendment if they want to conduct a search and seizure.



When Can the Authorities Legally Search?

 

●      When the police have reasonable suspicion about you doing something illegal, they may legally stop you and ask questions.

 

Eric Thole states such inquiries can also turn into a search of your outer garments or a pat-down if the police have reason to believe you are armed and dangerous.

 

●      When the police have reasonable cause to believe you have committed a crime and places you under arrest.

 

In such situations, the police can search for weapons/evidence on your body, in your clothes, and in the area within your immediate control.

Handling Police Encounters

 

Unless the police arrest you, you have a right to end the encounter without consenting to any search. Eric Thole, attorney atlaw, advises you to remain calm, polite, but assertive in such situations. When a police officer questions you on the street while exercising your right to end the encounter, politely ask if you're free to go. If they say you are not under arrest, they do not have the authority to detain you any longer.

When Can The Police Pull and Search Your Car?

 

Police have the authority to pull over you if they have reasonable suspicion that you have committed a crime. However, they cannot detain you at the roadside for long. Eric Thole advises it is not necessary to answer them when they pull you over. You are within your rights to politely decline to answer and ask them if you are under arrest or not.

 

Circumstances For Legally Searching Your Car

When they see incriminating objects in plain sight

●      A bag of drugs on the dashboard

●      An open container of alcohol

●      A weapon on the seat

When you show signs of being drunk or on drugs

●      Irregular speech

●      Lack of coordination

●      Odd behavior

●      The prominent scent of weed or alcohol

●      Your bloodshot eyes

When you give incriminating statements

 

Giving affirmative replay to a police officer's question about having a drink before driving, is one such example of an incriminating statement. Eric Thole emphasizes if you give an affirmative answer, it will raise the probable cause. Then, the police can ask you to take a breath test.

When a K9 Unit marks your car

 

The police can use K9 dogs to sniff your car any time you get pulled over, but it must not unreasonably extend the length of the traffic stop.

Circumstances When Police Can Legally Search and Seize

 

Eric Thole, attorney at law, wants you to remember all three circumstances when the police can legally search and seize. They can conduct an extensive search of your home or property, when

 

●      You give the police consent

●      The police have a court-issued warrant

●      The police are responding to an emergency

Conclusion

Remember, without your consent or without any probable cause police cannot conduct any search or seizure. If you got arrested after a search and seizure, Eric Thole, attorney at law, advises hiring a criminal defense lawyer immediately. Your defense lawyer then questions the arresting officer and determines the probable cause and specifies whether they overstepped their authority or not with illegal search and seizure. If they did, Eric Thole can file a motion to suppress the evidence obtained from the search or get your charges dismissed altogether.

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