Defenses Based On Illegal Search And Seizure

The Fourth Amendment to the Constitution gives criminal suspects the right to be free of illegal search and seizure of evidence. Yet prosecutors regularly attempt to convict suspects on the basis of evidence obtained in violation of the Fourth Amendment.

An experienced criminal defense attorney can protect your rights. At the law office of Rob McKinney, Attorney at Law, we will analyze your case and identify possible Fourth Amendment violations and other violations of your rights. We will fight to have the illegally obtained evidence suppressed so that it cannot be used against you in court.

It is important that you understand your rights so that you can protect yourself as much as possible. The Fourth Amendment does not protect you from all searches.

  • Probable cause and search warrants — If the police establish that they have probable cause for searching your property, and a judge issues a search warrant, they may. Whether or not the police had probable cause to believe they would find evidence of a crime is often a disputed issue.
  • Warrantless searches — The particular circumstances may justify a search without a warrant. Also, if the suspect voluntarily consents, officers may perform a search without a warrant.
  • Probation and searches — People on probation have waived their Fourth Amendment rights. They can legally be searched at any time for anything.

We are experienced in protecting clients from violations of their Constitutional rights, including circumstances involving:

  • Traffic stops — If the police officer asks permission to search your car without a warrant, politely refuse.
  • Search of home or business — If authorities arrive at your home or place of business without a warrant, do not give them permission to search the property. If they do have a warrant, you must allow them to search for the specific items named in the search warrant. In either case, it is important to contact an attorney as soon as possible.
  • Wire taps — If evidence was obtained through a wire tap that violated your rights, the evidence cannot be used against you in court. Rob McKinney is experienced in the specific issues involved in the interception of cellphone calls, texts and emails.
  • Interception of jail phone calls — If you are arrested, it is important to be aware that calls you make from jail are not private. Do not call a friend or relative and discuss your role in any criminal activity.

Free Consultation — Contact Our Firm

To arrange a free initial consultation, please contact Nashville search and seizure attorney Rob McKinney by email, or call 615-686-2115. He defends clients charged with crimes in the Nashville area and throughout Tennessee.