Illegal Search and Seizure Lawyers in Charlotte, North Carolina
When prosecutors bring a case against a defendant, they need to use evidence to convince the jury to convict the defendant of the crime. Unfortunately, law enforcement officers often gather evidence in a way that is unconstitutional and violates the rights of the defendant. When police officers gather evidence against a defendant through an illegal search and seizure, the court should throw out the evidence.Contact our Experienced Illegal Search and Seizure Lawyers
A skilled Charlotte defense lawyer can evaluate your case and determine whether law enforcement conducted an illegal search and seizure. At Arnold & Smith PLLC, our lawyers have extensive experience when it comes to fighting against constitutional violations. By successfully arguing that law enforcement violated your rights, you can avoid a criminal conviction.
The Fourth Amendment of the Constitution protects defendants against illegal search and seizures. If you are facing criminal charges in Charlotte, contact Arnold & Smith PLLC today to schedule your case evaluation. We can review your case and help you determine whether or not you were the victim of an illegal search and seizure.Common Examples of Illegal Searches and Seizures
Law enforcement officers have been known to obtain evidence in several different illegal ways. Unconstitutional searches and seizures may be subtle. Many times, defendants are not aware that law enforcement engaged in an illegal search and seizure. At Arnold & Smith PLLC, we will ask some of the following questions to determine whether or not your rights were violated:
- Did the police lie to you in order to get into your house?
- Did the police have a reasonable suspicion of a criminal activity needed to search your car?
- Did you request a lawyer before speaking to the police?
- Did you voluntarily consent to a search of your house, or did the police have a valid search warrant to search your house?
- If the police did not have a valid search warrant, did the search meet the requirements for an emergency search?
- Did the police have permission to search your car for evidence or did they have the required reasonable suspicion to search the car?
- Did the police read your Miranda rights, and did you understand those rights?
- Were you illegally arrested?
- Were you entrapped by law enforcement?
Many people are anxious when they are stopped by law enforcement. Many people wonder what they should or should not do and worry about making a mistake. It is important to have a plan for what to say and do if you are ever involved in a police search and seizure.
First, when police officers ask if they can conduct a search, it means that they do not have probable cause, or else another exception to the requirement for warrants needs to apply. If law enforcement officers ask you to search your car, say no. If they had the necessary reasonable suspicion or warrant to conduct the search, they would simply do the search.
If a search is going on and you do not consent, you can say “I do not consent to a search.” When the police officers are wearing body cameras, you making this statement will show up on the playback video and can be useful evidence during your criminal trial. It is important not to argue with law enforcement during a search. Do not try to escalate the situation or physically stop them from conducting the search. Remember, the best way to respond to law enforcement who are engaging in an illegal search and seizure is to hold them accountable in court.Drug Crime Charges and Illegal Search and Seizures
Any criminal investigation can result in an illegal search and seizure. However, drug crimes are some of the most frequent cases of illegal searches and seizures. Many drug crime cases involve a police officer searching a suspect’s vehicle or home for controlled substances. Whether police search your car without the necessary probable cause, or they find controlled substances during a routine traffic stop, any evidence can be thrown out if it was found illegally.
Sometimes a law enforcement officer will search your house without a legally valid search warrant. When prosecutors cannot prove that you had controlled substances in your possession, they cannot secure a criminal conviction. When law enforcement officers engage in an illegal search and seizure to prove that you had controlled substances, we can ask the court to throw out the evidence.Contact Our Experienced Criminal Defense Lawyers
If you are facing criminal charges in Charlotte, you will benefit from hiring a skilled criminal defense lawyer. At Arnold & Smith PLLC, we will review your case to see if law enforcement engaged in an illegal search and seizure. We fight hard for our clients’ rights. Contact us today to schedule your initial consultation.