Search And Seizure, Legal Or Illegal?
It can be complicated to know what your rights are in a police search situation. I am Mark-Anthony Bailey, a Newark and New Brunswick lawyer who fights for the freedoms and liberties of my clients. Often, a significant factor in objecting to a case’s validity originates with how a search was carried out. Here are some facts about what makes a search legal or illegal.
Article I, Section 7 of the New Jersey Constitution outlines the legal regulation of searches. Authorities must have probable cause and a warrant for a search to be legal.
The following are exceptions to needing a warrant to seize evidence legally:
- The object was in plain sight.
- The object’s location was not in a constitutionally protected area.
- The item was not on anyone’s person.
- A private person secured the item.
Also, any evidence found during the following searches is usually admissible:
- An officer has reasonable suspicion of criminal activity.
- A booking search is standard practice for a police precinct.
People have the right not to be subject to random searches of themselves and their homes. That is why in addition to the state law, federal law states that if a search is an unconstitutional (illegal) one, any evidence found during the search is inadmissible in court. The Fourth Amendment to the Constitution stipulates constitutional protections from search. They are:
- Homes and property
I founded The Bailey Firm to help defend and protect my fellow New Jersey citizens. I advocate against illegal search and seizure. With in-depth knowledge of what is and is not legal in a search, I can build the best defense strategies for my clients.
Was your traffic stop legal? Do not argue with the police. Give me a call so I can advise you of your rights.