Illegal Search and Seizure Cases in Tulsa, Oklahoma
The Fourth Amendment of the United States Constitution protects against unlawful searches and seizures. Typically, a lawful search and seizure is conducted pursuant to a search warrant that is signed by a local judge. A signed search warrant authorizes police or other law enforcement officers to search a premises for contraband or other items that may be of interest to a police investigation.
Legal Procedure for Search and Seizure
In order for a search and seizure to be valid under the law, certain procedures must be followed. If these procedures are violated, any seized materials can be excluded from use in court. First, the signed search warrant must be presented to the property owner before the search is conducted. Additionally, the search must be conducted in a dignified manner. That is to say, a search cannot be conducted for any unreasonable purpose such as harassment, and the search must not cause unnecessary damage to the property. Finally, each of the items seized must be relevant to the case that is under investigation.
Procedure For Illegal Searches and Seizures
In order for a search and seizure to be valid under the law, certain procedures must be followed. If these procedures are violated, any seized materials can be excluded from use in court. Many people do not realize that the Fourth Amendment of the United States Constitution protects them against unreasonable searches and seizures in their homes. To that end, many people also do not realize that if the police come knocking at their door without a search warrant, they are not obligated to consent to a search of their home. If an illegal search is conducted, any evidence that is seized can be thrown out of court.
In certain instances, a search can be conducted without a warrant. For example, police may conduct a warrantless search if it is incident to a lawful arrest. The same is true of a pat down or a frisking. Police may also search an automobile after a lawful traffic stop if there is reasonable suspicion to do so. Additionally, police may seize items that are in plain sight without a warrant. They can also search an open field without a warrant. The same is true if the property owner gives consent. A warrant is not necessary in instances of emergencies that threaten public safety.
If you or your property has been searched or if any items have been taken as evidence in an investigation, you need a skilled attorney who can determine the validity of the search warrant, and whether or not the items seized with the warrant can be used against you. The qualified attorneys of the Edge Law Firm will ensure that your Fourth Amendment rights are protected. Contact the Edge Law Firm using our online form for more information about search and seizure and for a free, no-obligation review of your case.