Understanding Search and Seizure Laws in Missouri
Jan. 20, 2023
The Fourth Amendment of the Constitution of the United States protects American citizens from unlawful search and seizure. That means that you, your house, your car, your hotel room, your electronics, your files, and more are safe from being illegally searched and obtained by law enforcement officers. However, in some cases, police officers take advantage of people and will conduct unlawful searches or arrests.
If this has happened to you or a member of your family, contact criminal attorney Michael J Englert. It is important in these situations to know your rights and to use them. As your attorney, Michael J Englert will do what the police officers failed to do: protect your rights. Attorney Englert serves the Kansas City area including Independence, Blue Springs, and Lee’s Summit, Missouri. Contact him today and schedule a free consultation.
Your Rights Under the Fourth Amendment
The Fourth Amendment protects you from both state and federal agents from searching and seizing your body, possessions, and houses/cars without probable cause. That does not mean, however, that police officers are never allowed to conduct these searches. If the police have probable cause (evidence that they believe can lead to a criminal case), a judge can then sign a warrant to either have your property searched or you arrested. In cases of readily apparent probable cause, such as traffic violations or DUIs, a police officer is allowed to use that experience as evidence. If you believe you are being illegally detained or searched, immediately contact a criminal attorney to speak for you. As a former prosecutor, Michael J Englert fully understands both sides of the criminal trial process. Rely on his years of insight and experience and schedule a free consultation.
Warranted Search and Seizures
If you are in a situation where you have been served a search or arrest warrant, remember, you have the right to remain silent. When interacting with police officers, people think that if they tell “their side” of the story, the police will let them off easy. That could not be further from the truth. The police and prosecutors will use anything they can to build a case against you. What you should instead do is hire Michael J Englert, Attorney at Law so that you do not waste any time during the criminal process.
Valid Searches and Seizures Without Warrants
If law enforcement agents witness you committing a crime, they can arrest you without a warrant. Since the crime was visible in plain sight, the police officers have probable cause and will want to act as quickly as possible. Getting in touch with a criminal attorney as quickly as possible is the best solution in these situations.
What Is the Exclusionary Rule?
Victims of unlawful search and seizure may be able to exclude the evidence that was illegally taken from them. A skilled criminal attorney can use the exclusionary rule to suppress any evidence that can be used against you in a trial. In some cases, if the evidence is excluded in the case against you, the criminal charges might be able to be dropped. It is important to understand that no two cases are the same and the circumstances surrounding your case might not be applicable to the exclusionary rule. Criminal attorney Michael J Englert knows how both sides of the aisles work and will use his knowledge to your advantage.
Attorney Englert is Dedicated to Upholding Your Fourth Amendment Rights
Even with the rise of filming police encounters, unlawful search and seizures are still a major problem in the United States. That is why criminal attorney Michael Englert will fight for you and your rights. If you need to learn more about your rights surrounding search and seizures or believe your rights have been violated, contact Michael J Englert, Attorney at Law in Independence, Missouri, and schedule a free consultation. Attorney Englert also serves the areas of Blue Springs, Lee’s Summit, and the rest of Missouri.