How Does the Fourth Amendment Protect Me?

Davis-Jones Law Aug. 3, 2020

The Fourth Amendment protects individuals from unlawful search and seizure. Simply put, police officers and other government officials are prohibited from entering and searching one's body, car, home or other property unless they have an extremely good reason — and, in most cases, a warrant — to do so.

Yet the authorities frequently violate this law. They conduct illegal searches at their own discretion, and in doing so violate individuals' constitutional rights. While evidence gathered during such operations is inadmissible in court, many individuals are unaware when they have been subject to an unlawful search in the first place. In such cases, a knowledgeable attorney can help you challenge the prosecution and, often, seek to have your case dismissed.

Drawing on more than a decade of experience in the field, Davis-Jones Law offers assistance to individuals whose Fourth Amendment rights have been violated. We are thorough in our investigations of criminal charges; if a mistake has been made at any point, we'll find it, and leverage it to our clients' advantage.

When Can My House Be Searched?

There are some circumstances when the authorities are legally permitted to search your property without your explicit consent. If a judge has issued a warrant, for example, then police may undertake a search. A warrant will have narrow parameters, however, and detail when and where authorities can access your property, and what evidence they may legally obtain.

In some scenarios, police can search your house even if they don't have a warrant. If there is reasonable cause to believe you pose an immediate threat to another person, then they are allowed to conduct a search; likewise, if you are arrested in your home for any reason your property is subject to being probed. Finally, if illegal substances are in plain view from where an officer of the law is legally standing, they may enter and search your property.

Legal Support When You Need It Most

If you believe you were subject to a violation of the fourth amendment and would like to speak with a lawyer, reach out to our firm. We're based in Austin and serve throughout central Texas.

To schedule an appointment, call us or contact us online. Initial consultations are always free.