The Fourth Amendment of the U.S. Constitution was added to limit the power of the government and law enforcement officials against the privacy of ordinary citizens. Law enforcement may not conduct a search or seize evidence against someone without adequate justification to do so according to constitutional law. 

How evidence is treated in an American court of law as a result of the Fourth Amendment is important to understand, especially if you were arrested. Here’s what to know and where to get the legal advocacy you need. 

When the Police Can’t Search You 

When government personnel or police officers perform a search without having enough reason to justify it, this is known as an illegal or unreasonable search and seizure.

For example, say a person got pulled over for speeding as they were driving home from work. Normally, this would only warrant a traffic ticket being issued. 

However, if the cops choose to search the automobile for drugs or other illegal items, any evidence they do find might be thrown out if the search was illegal. Officers will not be allowed to pursue a legitimate search without having a sufficient reason if a warrant cannot be acquired.

When They Can 

If law enforcement officers have one of the below, they can conduct a legal search of your property, person, and belongings: 

• A warrant signed by a judge 
• An emergency situation or unique circumstances 
• Probable cause 
• Permission from the defendant to search 

Constitutional law regarding search and seizure only applies to government authorities and law enforcement agencies. Private security guards or companies hired by private establishments do not have to abide by these same restrictions. If the police see evidence out in plain sight, they do not need any of the above to seize it and usually, this will be enough probable cause for a more thorough search. 

How to Get Legal Help After an Arrest  

Being arrested and searched without probable cause is a frightening experience. If this has happened to you, it’s important that you don’t delay getting legal help. The same is true if you were charged with any criminal offense after being arrested. 

You need an experienced Maryland attorney to help you advocate for your rights in a court of law and increase the likelihood that your case outcome will be favorable. Call Britt Criminal Defense today to schedule your free initial consultation by dialing 443-944-5705.