Search and Seizure
We Fight to Defend Privacy Rights from Unlawful Search and Seizure
Search and seizure rights are enshrined in the Fourth Amendment to the U.S. Constitution’s Bill of Rights. In applying this right, the Courts balance the need of society to protect itself from criminal activity and the inate rights individuals have to the protection of their property, privacy and integrity. Boundaries on law enforcement exist to ensure that Government does not impose its will on individuals.
If you believe that law enforcement overstepped their boundaries when they investigated you for drunk driving, or unlawfully seized evidence during your arrest for drug possession, please contact a criminal defense attorney at Chernoff Law. Whatever the legal situation, we will fight to defend your 4th Amendment constitutional right to protection from unreasonable search and seizure.
Deceptive Search and Seizure with Traffic Stops
Often, routine traffic stops turn into a fishing expedition for the police. In fact, police may stop a vehicle for the specific purpose of searching or developing probable cause to search. The police may search the cab of the vehicle or its occupants. Sometimes police officers overstep their boundries. At Chernoff Law, we are concerned with the way some law enforcement officers trick people or intimidate them into giving “consent” to a search.
Random and Unjustified Seizures of Cash and Property
Illegal search and seizure also occurs in connection with drug investigations and arrests. The war on drugs is like all wars: both combatants and innocents are harmed. A good example is the recent trend in drug enforcement policy: the random and unjustified seizure of cash and property after mere allegations of drug crimes.
Has Law Enforcement Seized Your Money or Car Without Cause?
There are state and federal laws that now allow police and federal agencies to seize money that the agency believes are proceeds from drug dealing. The agency can also seize property that it believes has been used as a “container” for drugs. The word “container” has been interpreted ever more liberally, allowing the seizure of automobiles that contain trace amounts of a controlled substance.
Because the laws used to seize property are usually civil in nature, the usual constitutional provisions do not apply, including the presumption of innocence.
Time Limits and Procedures for Securing the Return of Seized Property
There are time limits and bonding procedures which must be followed to properly protect an interest in your seized cash or property. Without good, knowledgeable representation, the owner of seized property may lose their property by default even if they are acquitted.
Here at Chernoff Law, we have the experience necessary to fight to retrieve personal property illegally seized from our clients. Contact Chernoff Law for a free consultation. We will fight for you, defend you, and protect your rights when you did not give consent to search in connection with your DUI/DWI or drug case.