Making a Positive Impact

Your options after an unlawful search and seizure

On Behalf of | Sep 4, 2023 | Criminal Law |

You might understandably feel violated when police officers search your property without justification. If there is no valid cause or search warrant, then it may be an unlawful search and seizure.

This is a violation of your Fourth Amendment rights, which protect you against unreasonable searches and seizures. While the situation may be unnerving, you have options for protecting your rights both during and after the fact.

Know your rights

Understanding your rights is crucial during police interactions. You have the right to refuse consent to a search if the officers do not have a valid search warrant. You can clearly and firmly state that you do not consent to a search.

Document the situation

If you believe the search is unlawful, it is a good idea to document the situation. You can take mental notes of the officers’ badge numbers, patrol car numbers and any other identifying information. If you have a smartphone, discreetly take photos or videos of the scene, making sure not to obstruct the officers.

Do not resist

Resisting the search physically or verbally can escalate the situation and lead to legal trouble. It is best to remain compliant, even if you believe the search is unlawful. You can challenge the search later in a proper legal context.

File a complaint

If you believe that the police violated your rights, you can file a complaint with the relevant law enforcement agency’s internal affairs division. This helps bring attention to any misconduct and can lead to changes in policing practices.

The National Center for Drug Abuse Statistics reports that approximately 1.16 million drug-related arrests occur each year in the United States. Many of these only occur after an invasive search and seizure, so you should know how to defend yourself if you find yourself in this type of situation.