The limits and powers of the Fourth Amendment, which protect against unreasonable searches and seizures, are particularly important to individuals in criminal trials. In a recent case heard by the Supreme Court of the United States, Manuel v. City of Joliet, a majority of the court ruled that the Fourth Amendment is the proper basis… Read More
Illegal Search And Seizure
Know Your Rights: When Police Can Search Without a Warrant
When police conduct a search, the general rule of thumb is that they need a warrant in order for it to not intrude on your Fourth Amendment rights. However, there are a handful of exceptions to this rule, which allow police to conduct searches without having to go through the process of getting a warrant…. Read More
Can Police Search My Car After an Arrest?
Getting pulled over by police or other law enforcement officers is stressful enough, especially if it ends in an arrest for something like drug possession. However, one of the often overlooked aspects of a traffic stop that culminates in an arrest is what happens to your car after you are taken away in the police… Read More
How the Exclusionary Rule Fails to Deter Police Misconduct
In our last blog post, we went over the exclusionary rule and how it protects people from overzealous law enforcement officers who violate your civil rights in order to find evidence of a crime. Because the Fourth Amendment only guarantees your right to be free from unreasonable searches and seizures, and does not provide a… Read More
Introduction to the Exclusionary Rule
In one of our recent blog posts, we discussed a complex legal idea: Fruit of the poisonous tree. Under this doctrine, if law enforcement conducts an illegal search or seizure, any evidence that is indirectly obtained from that search or seizure is excluded from court. This is a crucial legal doctrine that criminal defense attorneys… Read More