New Jersey Illegal Search Attorney

The Fourth Amendment to the U.S. Constitution provides protection for individuals against illegal search and seizure by law enforcement authorities. According to a 1967 Supreme Court ruling, a search is composed of two elements: 1. an expectation of privacy in the thing being searched and 2. the belief by society that this expectation of privacy is reasonable. As police powers have expanded over the years as part of the war on drugs, the integrity of the Fourth Amendment has been challenged many times. The Fourth Amendment gives individuals the right to be secure in their persons, homes, and effects against unreasonable searches. Even in an effort to identify and capture those buying, selling, distributing or manufacturing drug illegally, law enforcement cannot overstep the boundaries imposed by the Fourth Amendment. Individuals that have been the victim of an illegal search need to contact a New Jersey illegal search lawyer for assistance.

When a Search Violates the Fourth Amendment

According to the exclusionary rule, any evidence that is obtained through an unreasonable search cannot be used a direct evidence against the defendant in a court of law. This applies to both state and federal court cases. The exclusionary rule was established by the Supreme Court in 1961. One purpose of the exclusionary rule is the deterrence of illegal searches by law enforcement authorities. It is believed that if law enforcement know that the evidence obtained through an illegal search cannot be used to convict the defendant, then law enforcement will be less likely to violate the privacy of individuals in society. 

Complementing the exclusionary rule is a legal rule referred to as the fruit of the poisonous tree doctrine. This doctrine states that the evidence obtained through an illegal search cannot be used to discover additional evidence against the defendant. Both the initial evidence and any additional evidence obtained as a result of an illegal search will be deemed inadmissible in a court of law. Individuals that have been the victim of an illegal search will benefit from the expert legal counsel of a New Jersey illegal search attorney. An attorney will review the circumstances of the case to determine when the illegal search occurred and provide evidence to the courts law enforcement's illegal activities.

Know and Protect Your Rights

It is imperative that individuals understand how to protect themselves against illegal searches. Most individuals probably do not know that law enforcement must have a compelling reason or a search warrant in order to search their property. By agreeing to a search that is illegal, individuals may be putting their freedom and livelihood at risk. When individuals agree to a search or interview, the evidence obtained can be used against them. For those that believe evidence against them was obtained illegally, a NJ illegal search lawyer can be of invaluable assistance.

Scheduling a Consultation

A NJ illegal search attorney can provide victims of illegal searches with both knowledgeable legal guidance and representation. Those individuals that believe they have been the victims of illegal searches should contact an attorney immediately to schedule a consultation. It is important that an attorney begin working on the illegal search case as soon as possible.