Search & Seizure Violations
Nashville Criminal Defense Attorneys
The Fourth Amendment to the U.S. Constitution gives criminal suspects the right to be free of illegal search and seizure of evidence. Yet, prosecutors regularly attempt to convict suspects based on evidence obtained in violation of the Fourth Amendment.
If you’ve been the victim of an illegal search and seizure, an experienced Nashville criminal defense attorney can protect your rights. At May McKinney, we can analyze your case and identify possible Fourth Amendment violations and other violations of your rights. We fight to have illegally obtained evidence suppressed so that it cannot be used against our clients in court.
Learn more about your rights and how our lawyers can help. Call (615) 265-6383 today.
Understanding Your Fourth Amendment Rights
It is important to understand your rights so you can protect yourself as much as possible. The Fourth Amendment does not protect you from all searches.
The following are key issues to know regarding the Fourth Amendment:
- If the police establish that they have probable cause for searching your property, and a judge issues a search warrant, they may. Whether the police had probable cause to believe they would find evidence of a crime is often a disputed issue, however.
- Certain circumstances may justify a warrantless search. Also, if the suspect voluntarily consents, officers may perform a search without a warrant.
- People on probation have waived their Fourth Amendment rights. They can legally be searched at any time for anything.
Our Nashville defense lawyers are experienced in protecting clients from violations of their constitutional rights, including circumstances involving:
- Traffic Stops: If the 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 permit them 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.
- Wiretaps: If evidence was obtained through a wiretap that violated your rights, the evidence cannot be used against you in court. We are 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 vital 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.
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