Understanding Search and Seizure Laws in Criminal Defense Cases
Search and seizure is a tool the authorities use to bolster criminal charges. There is, however, a wide range of rules and regulations – in accordance with our constitutional rights – that apply. The better you understand search and seizure laws, the better prepared you’ll be to protect your rights from the outset and to strengthen your defense moving forward. If you’ve been charged with a crime, reach out for the skilled legal advocacy of an experienced Greenville criminal defense lawyer at Ryan Beasley Law.
If the Police Stop You in Greenville
If you are stopped by the police – whether you are on foot or in your car – both state and federal laws guarantee you rights that relate to protection from unreasonable search and seizure. What this means in practice, however, is challenging. One of the most important points to keep in mind here is that working closely with a persuasive criminal defense attorney can make a big difference in how your claim is resolved.
Search and Seizure Defined
In order to protect your Fourth Amendment rights, which shield you from unreasonable search and seizure, it’s important to know how each is defined in relation to the law.
Search
The authorities conduct a search anytime they engage in any kind of inspection or examination of your person or your property in relation to a crime or evidence gathering.
Seizure
Seizure, on the other hand, refers to the act of taking physical possession of your property. In the eyes of the law, detaining you – or making you reasonably believe that you are not free to leave – is another form of seizure.
The Legalities of Search and Seizure
For either a search or seizure to be lawful, there are certain legal requirements, which are designed to preserve the rights of South Carolinians, that must be met. Law enforcement and officers of the court are bound by these requirements, and those circumstances in which search and seizure comply with the law include the following:
- The individual consented to the search or seizure of their property as a matter of their own free will and was not coerced or misled into doing so. You’re advised not to consent prior to consulting with a criminal defense lawyer who is up to speed with your case.
- The officer has a search warrant that’s signed by a judge, and their actions align with the stipulations included.
- There are exigent circumstances involved. A prime example is when waiting for a warrant would likely lead to the destruction of critical evidence, to someone’s physical harm, or to a suspect’s escape.
It’s Time to Consult with an Experienced Greenville Criminal Defense Attorney
The diligent Greenville criminal defense lawyers at Ryan Beasley Law will use the full force of our imposing experience in pursuit of your case’s best possible resolution. We welcome the opportunity to help, so please don’t put off contacting us online or calling us at 864-756-4204 for more information about what we can do for you today.