Violations of Search and Seizure Rights in New York
Arresting officers cannot violate a criminal suspect's constitutional rights. The Fourth Amendment requires that searches and seizures conducted by a person acting on behalf of the government, usually a police officer, not violate those rights. Evidence may be suppressed if it was obtained in a way that violated your search or seizure rights, and the charges may be dropped.
At the Law Office of Bert H. Nisonoff, Attorney at Law, we are experienced in challenging illegal searches or seizures. We inform clients of their rights and can recognize when our clients' rights have been violated. Contact us to speak with a New York attorney with more than 45 years of experience.
Fourth Amendment Rights
Any time an officer conducts a search or seizes an item or your person, your 4th Amendment rights are at issue. The officer may be searching your car, house, or your person for drugs, weapons or other items. Police officers must follow specific procedures for the search or seizure to be legal. Illegal search and seizures are common in the following situations:
- Drug crimes
- Weapons or firearms possession
- DUI/DWI traffic stop
- Wiretaps
Illegal Searches and Illegal Warrants
A warrant is usually required for the search and seizure of a home or person. There are many exceptions to the warrant rule. For example, if the evidence is in plain view, an illegal search has not occurred. If you do not have a reasonable expectation of privacy in the place or thing being searched, it is unlikely the officer performed an illegal search.
Even if the officer obtained a search warrant, the warrant may still be illegal. The warrant must be specific and indicate the precise search area. If the warrant is not specific or the officer exceeds the scope of the warrant, your rights may have been violated.
Practicing law for more than 45 years, attorney Bert Nisonoff is skilled at challenging an illegal search or seizure. Contact the Law Office of Bert Nisonoff, Attorney at Law, to speak with an experienced and dedicated criminal defense lawyer.
