Philadelphia Illegal Search/Seizure Lawyer
While we are taught to respect authority, and to comply with police officer instruction, one should not take these teachings to mean their actions are beyond the scope of inquiry. In fact, quite the opposite is true, as both state and federal law enforcement officers must comply with the law, or their actions may cause evidence to be inadmissible, or a charge to be dismissed.
Under the Fourth Amendment of the U.S Constitution, civilians have the right to be free from unreasonable search and seizures, placing limits on the power of the police to make an arrest. Whenever law enforcement engages in the act of a search and seizure, they must adhere to the specific regulations that surround the collection of evidence and the rights of the person being investigated. Any violation of a person’s rights during this form of investigation can create grounds to have any related evidence discarded. The attorneys at the Law Offices of Greg Prosmushkin, advocate for victims who have suffered from acts of police misconduct in the Philadelphia area.
If you are of the genuine belief that law enforcement officials have taken actions against you or your property which constitute an Illegal search and/or seizure, it may very well be the case. If this is so, you will require counsel to make your case in court. The Law Offices of Greg Prosmushkin, P.C. will fight to protect your rights.
What Constitutes an Illegal Search and Seizure?
There are a great number of factors, the totality of which determine the legality of a search and seizure. Was there a warrant? If there wasn’t, we must look to whether exceptions which justified the officer’s conduct were present. Did the arrested party provide consent? If not, was there probable cause to prior to officers making the arrest? Did exigent circumstances exist which dictated officer conduct? The number of components which play into this analysis go well beyond the brief discussion we are providing here, as the complexities of the Fourth Amendment and its application have been subject to legal scrutiny throughout much of our nation’s history. But these are questions which must be asked and discussed in detail with your lawyer. If you have questions about the legality – or lack thereof – of a Search and Seizure, call The Law Offices of Greg Prosmushkin, P.C. today to schedule an entirely free intial consultation with one of our criminal defense attorneys.
Remember, as with any criminal matter, the burden of proof is on the government, not you. They must make their case and show that their actions were legal, and, until they do, the search remains invalid. We will use any and all evidence available to us to cast doubt in this respect. Your rights under the Constitution and its amendments are paramount and must be protected.
Our attorneys will examine the evidence and do their own analysis with respect to the legality of any search and seizure. We will formulate a plan by which to challenge the evidence and move to suppress the evidence whenever possible. Whether you are “guilty” or not is relevant to the legality of a search, and law enforcement have to operate within the confines of the law. If they do not, they taint the process, and are responsible for the outcome. You have rights and they must be respected. Let us help you to ensure they are. Call today to schedule your free consultation.
This content was written on behalf of Greg Prosmushkin.