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Know your rights in a search and seizure

In some cases, a search and seizure in McHenry can lead to drug possession charges. But, if you are facing such charges, was the search and seizure legal? Did the law enforcement officers follow protocol when they were combing through your car? If the search and seizure was not legal, then you might be able to successfully fight back against possession charges that resulted from the police officers' illegal act.

The Fourth Amendment to the Constitution describes rules and exceptions that search and seizure protocols must follow and even a minor violation might be enough to help you win your case. Learn more about search and seizure rules so that you know your rights.

An investigation vs a search

An investigation and a search is not the same thing. The court will ask two questions in order to decide if a search occurred. The court will first examine whether or not the person the police searched expected a certain amount of privacy. Next, the court will look at whether the expectation was reasonable in the circumstances. If the court decides that "yes" is the answer to both of these questions, then it is possible that the search and seizure was unreasonable.

Private property

Typically, your possessions within your home and on your property are private. If the police want to search your home or other property, they generally need a search warrant. However, if the police suspect that you or someone else might destroy important evidence, then they do not need a warrant to enter the property.

Vehicle searches

There are certain circumstances where a law enforcement officer can search your vehicle. For instance, if the police have a reason to believe that you have a weapon in the car, then they can search it. Also, they can check you for drugs or other contraband if they think you might have such items on your person. The police can also legally search your car if you are able to reach the passenger compartment or if they have a good reason to think that there is evidence in your vehicle that is directly related to your arrest. If officers impound your vehicle, they can also search it at that time, but they cannot impound it solely to search it.

Keep in mind, if you are facing criminal charges for possession, you still have rights. If the police conducted an illegal search and seizure, then you might be able to successfully fight back against the charges.

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