What Constitutes a Search/Seizure?:
The search of a person within the meaning of the Fourth Amendment occurs when a government official violates an individual's reasonable expectation of privacy.
The seizure of a person within the meaning of the Fourth Amendment occurs when a reasonable person does not feel free to leave while in the presence of a government official.
The seizure of property within the meaning of the Fourth Amendment occurs when a government official interferes with an individual's possessory interest in their property.
The court uses the reasonableness standard when evaluating what constitutes a search or seizure. This means that those having extraordinary expectations of privacy or those whose mental capacity doesn't equal that of a reasonable person may not fall within the protections afforded by the Fourth Amendment.
1) Signed by a detached and neutral Magistrate,
2) Specify the particular and specific person or property to be searched or seized (i.e., the address of the
house will be used or a detailed description of a person will be used if the warrant is for a body (seizure)),
3) Be based on probable cause to search when there's a fair probability that evidence of a crime will be found in
the place that police want to search.
Exceptions to the Warrant Requirement:
2) Plain view and open fields
3) Exigent circumstances
4) Motor vehicle
5) Searches incident to a lawful arrest
6) Border search exceptions
7) Foreign intelligence surveillance
8) Other exceptions
Under the Exclusionary Rule and the Fruit of the Poisonous Tree Doctrine, any evidence obtained as the result of an illegal search or seizure will be excluded from criminal proceedings and cannot be used against you.
Should you find yourself facing criminal charges, contact an experienced and reliable Law Office, Tawanda Williams Law Office, PLLC at 901-206-8200.
Caveat: This post is for information purposes only, please consult an Attorney to determine if you have standing to assert a violation of your Fourth Amendment rights.