Criminal Defense Lawyer Windsor Heights, IA
The Fundamentals of Fourth Amendment Search and Seizure Law
When you retain a criminal defense lawyer you need to make sure they have updated knowledge of fourth amendment search and seizure law. As a general principle, evidence that is gained through a violation of someone’s fourth amendment rights is inadmissible at trial. This distinction is important because a skilled criminal defense lawyer will attempt to suppress the evidence that the prosecution attempts to have admitted against you.
The fourth amendment protects against state action. State action is any act by federal, state, or local government entities. Many aspects of surveillance conducted by government agencies are regulated by the fourth amendment. GPS tracking devices, cell tower data, and electronic surveillance are all used by governmental agencies every day.
The Fourth Amendment and Your Constitutional Rights
The Fourth Amendment protects citizens against unreasonable searches and seizures. Law enforcement officers must have a valid search warrant supported by probable cause before conducting a search of a person’s office, car, or home. An individual’s papers and effects are also protected by the fourth amendment.
In some circumstances, however, law enforcement officers performing routine traffic stops do not need to have a search warrant to perform a search or seizure. However, law enforcement officers must have reasonable suspicion to conduct a traffic stop.
Also, a valid search warrant must list the specific place to be searched and the items to be seized. Law enforcement officers cannot simply search an area without any restrictions. The warrant must also be signed by a neutral and detached magistrate. Typically this is a judge or other law enforcement official. If a search was performed but the search warrant was invalid then the evidence obtained is not admissible against the defendant.
Why Do I Need To Retain a Criminal Defense Lawyer?
Retaining a criminal defense lawyer can help you avoid being convicted of a crime. Many consequences arise as a result of a criminal conviction. If you are convicted of a felony you can lose your right to possess a firearm and your right to vote. Also, you may find it more difficult to obtain adequate housing and employment as a convicted felon. If you are being accused of a criminal offense you need to retain a skilled and experienced criminal defense lawyer today.
Contact the Law Group of Iowa Today to Schedule a Free Consultation
Contact the Law Group of Iowa to learn more about how a criminal defense lawyer can help you protect your constitutional rights. Call (515) 556-IOWA to learn more about the legal services we offer. If you need a criminal defense lawyer contact the Law Group of Iowa today.