Remedies for Illegal Arrests, Searches and Seizures
The Fourth Amendment of the U.S. Constitution states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Under both Constitutional law and Congressional act, you have remedies if someone working for the government violates your Fourth Amendment rights.
Conflicts and Remedies
When a law enforcement officer searches you or your property, you need help when:
- evidence of criminal activity is found and criminal charges are filed
- no evidence is found, but the search causes you harm.
If the officers located evidence against you as a result of an illegal search, then the court will exclude the evidence at your criminal trial. Depending on the circumstances, the prosecution may not have enough evidence to convict.
If the search destroyed your property or traumatized you and your family, then you and the other victims are entitled to compensation through a civil rights lawsuit. The police have an absolute defense if there was a reasonable, although erroneous, basis for searching you.
Arrests follow the same standards as searches. I litigated the case of a decorated Vietnam War veteran who had worked for a struggling small business. After years of service for the business, he gave the boss several months' notice of his decision to move to his wife's hometown. After he left, the boss, to gain insurance money, falsely claimed that the man had embezzled funds.
At the ensuing criminal trial, I established that the boss had lied. At the civil rights trial, the overwhelming evidence that the boss had lied to the police led to a six-figure jury award against the boss. The judge ruled that the police could not have been expected to know that the boss had lied.
How I Can Help You
Seeking relief from governmental action requires knowledge of the law, investigative skill, strategic flexibility, litigation experience, and passionate dedication.
Contact me to discuss your situation. My consultations are free.