A Guide To Search And Seizure Guidelines
Located in Atlanta, Hirsch Criminal Defense provides experienced counsel dedicated to protecting the constitutional rights of Georgia’s citizens. Attorney Matt Hirsch has the experience needed to stand up to illegal police practices. If your search and seizure rights were violated, he will fight to have tainted evidence thrown out and get your charges dismissed, when possible.
Fighting For Your Constitutional Rights
Federal and state laws prohibit unlawful search and seizure. Georgia has strict search and seizure guidelines police officers must follow when making a stop, frisking your person or searching your home or property. If these guidelines are violated, any evidence found must be withheld from court.
Attorney Hirsch carefully examines all of the circumstances leading up to and surrounding your arrest. If your constitutional rights regarding search and seizure were violated in any way, he will fight to suppress evidence and seek a dismissal as appropriate.
Common Fourth Amendment search and seizure violations include:
- Warrantless searches
- Invalid search warrants
- Invalid arrest warrants
- Lack of probable cause
- Lack of reasonable suspicion
- Contextual reasons for a stop
Keeping Illegally Obtained Evidence Out Of Court
Individuals have a greater expectation of privacy in their homes. If police searched your home without a valid search warrant, all the evidence garnered in that search is inadmissible in court.
Police must also have a valid reason to detain you, or pull you over on the road. After the stop, cops must have reasonable suspicion to believe you are engaged in criminal activity before frisking you, or searching your car. If you were pulled over for a contextual reason, or police lacked reasonable suspicion, any further search of your person or your car is invalid.
As an experienced defense lawyer, attorney Hirsch knows the tricks prosecutors and police use when attempting to introduce questionable evidence into court. He will work to block the admission of illegally obtained evidence, protect his clients’ constitutional rights and fight for his clients’ freedom.