In today’s episode Chuck continues his discussion of your constitutional rights and discusses your Fourth Amendment Rights. If you are under investigation for any criminal matter invoking your fourth amendment rights can help in the defense of your case.
I’m going to talk about your fourth amendment rights.
That is an unreasonable search and seizure.
You are guaranteed by the United State’s Constitution to be protected from an unreasonable search as seizure.
Now there are exceptions to that.
I don’t know why I always see people, especially in a situation of an automobile, allowing a police officer to rummage through their car, or their trunk, or their backpack; you have the right to say no.
If somebody comes knocking on your door (law enforcement) and they want to come in you have the right to say “No.”
Now the police do have some exceptions for a warrant-less search.
One of those being an exigent circumstance.
That’s a different word that you probably haven’t heard, but in other words, there’s an emergency going on.
They come knocking at your door, you answer the door and they want to come in because they can hear a woman screaming (sorry guys) but they can hear a woman screaming in the background, they can go ahead and barge right past you and go see what is going on with her.
It is like check-welfare, because it is a spur of the moment kind of thing, because if they leave without getting in, something bad could happen.
That is the thought behind that.
But, you know: Make them do their job.
Make them get a search warrant.
Don’t give them your phone to look through.
Don’t give them the password for the phone.
Make them do their job.
Make them convince a judge that there is probable cause to back up a search warrant, and make them get that search warrant.
Again, they can’t comment (they being the government) in front of a jury that you said “No, go get a search warrant.”
Because you have that right. Nobody can comment on your constitutional rights when you invoke them.
That is a rule of thumb in a trail situation, in front of a jury, and/or a Judge actually.
So, again, Keep your mouth closed and you don’t let anybody search your person, your car, or your home without getting a search warrant.
Relative to your person, one of the exceptions to that is if a police officer is in fear and he can articulate that for his safety, they can do a pat down search to feel in the outside of your pockets (A gun or a knife) but that is about as far as they can go.
Remember the more that you invoke your rights the less will be taken away from you in the future.
Have you or someone you know had your fourth amendment rights violated while under investigation for a crime? Our team of Criminal Defense lawyers have a combined total of over 40 years of experience working with Criminal Defense matters of all types. We have the experience needed to complete a thorough investigation of the facts of your case and the police officers and detectives involved to ensure that they were doing their jobs properly and none of your rights were violated. If any rights were violated, we can use the evidence of that to fight the charges. Call us today to speak to Chuck at 480-545-0700!