Illegal searches and seizures happen more often than most people realize. You may have a strong constitutional defense if you were arrested based on unlawfully obtained evidence.
The Zeiger Firm frequently handles Fourth Amendment and illegal search and seizure cases. We’re well-versed in the shortcuts police take and know how to challenge illegal searches. When you work with us, we’ll fight to have any unlawfully obtained evidence excluded. Contact us today to discuss your case and protect your rights.
Understanding the Fourth Amendment: Your Protection Against Unreasonable Searches and Seizures
The Fourth Amendment to the United States Constitution protects you from “unreasonable searches and seizures” by the government. This means police must follow strict legal standards when searching your property, person, or possessions. In most situations, they must have a valid search warrant—one issued by a judge and based on probable cause.
This constitutional protection matters in every criminal case because it limits what law enforcement can and cannot do. If police overstep those limits, any evidence they collect may not be admissible in court. In Pennsylvania, the Fourth Amendment works alongside Article I, Section 8 of the Pennsylvania Constitution. The state provides broader protection in some situations.
If police conduct a search without following proper legal procedures, your criminal defense attorney can use that violation to try to suppress the evidence and potentially get charges reduced or dismissed.
Why You Need a Philadelphia Illegal Search and Seizure Lawyer
If police violated your Fourth Amendment rights, you need a knowledgeable and experienced lawyer who knows how to recognize those violations and use them strategically for your defense. Although illegal searches and seizures are a common part of criminal defense practice, not every attorney focuses on search and seizure law and police misconduct. You want an attorney with a deep understanding of constitutional law, police procedure, and how courts evaluate evidence.
Even small mistakes by law enforcement can make a big difference. For example, if the police searched your home without a warrant and without your consent, that search may be unconstitutional. If they pulled you over without reasonable suspicion and then searched your car, that could also violate your rights. Your lawyer can find these issues and raise them in court or pre-trial motions.
Challenging an illegal search is one way your lawyer can fight to suppress evidence and weaken the prosecution’s case. If that evidence is a key part of their case, the state may be forced to drop the charges or offer a favorable plea agreement.
When Is a Search Warrant Required in Pennsylvania?
In most cases, police need a valid warrant to conduct a search. Under both federal and Pennsylvania law, a search warrant must meet the following requirements:
- It must be issued by a neutral magistrate or judge.
- It must be based on probable cause, supported by sworn statements.
- It must describe the place to be searched and the items to be seized “with particularity.”
If any of these requirements are missing, the warrant may be invalid.
However, there are several exceptions when a warrant might not be necessary. Police can conduct a search without a warrant in these situations:
- Consent: If you give police permission to search, they usually don’t need a warrant. However, that consent must be voluntary—not the result of coercion or intimidation.
- Plain view: If police are lawfully present and see evidence in plain view, they may seize it without a warrant.
- Exigent circumstances: If there’s an emergency, like preventing the destruction of evidence or pursuing a fleeing suspect, police may be allowed to search without a warrant.
An experienced Philadelphia illegal search and seizure lawyer can evaluate whether police had legal grounds for a warrantless search and whether any exceptions truly apply.
What Happens If the Police Violated Your Rights?
You have legal protection against an unreasonable search and seizure. One of the most powerful tools is the exclusionary rule, which prevents prosecutors from using illegally obtained evidence against you in court.
The exclusionary rule applies in both federal and Pennsylvania courts. If your attorney proves that the police violated your Fourth Amendment rights, the court may suppress the evidence. “Suppressing evidence” means the prosecution can’t use it. In many criminal cases, this can severely weaken the prosecution’s argument.
Sometimes, your lawyer can also challenge the “fruit of the poisonous tree.” This legal doctrine excludes the original illegally obtained evidence as well as any evidence that law enforcement finds as a result. For example, if police illegally enter your home and find keys that lead them to a storage unit, anything found in the unit may also be inadmissible.
Legal Options After an Illegal Search or Seizure
Your legal options always depend on your specific circumstances and case. Generally, the first step is a motion to suppress. This is a legal document asking the court to review how the evidence was obtained.
The judge may hold a suppression hearing. The hearing is an opportunity for your attorney to question the law enforcement officers involved and persuade the judge that their actions were unlawful.
If the motion is successful and prosecutors lose their ability to use key evidence, they may not be able to move forward because they may have insufficient evidence to proceed.
Even if the court denies the motion, raising the issue early on creates a record for appeal.
Suppressing evidence from an illegal search or seizure can lead to:
- Dismissing some or all of the charges
- A favorable plea agreement
- A stronger position for trial
- Grounds to overturn any conviction upon appeal
Your lawyer may also explore the possibility of filing a civil rights claim under 42 U.S.C. § 1983. While that’s separate from your criminal case, civil rights and criminal defense attorneys may use it as part of a big-picture strategy to hold law enforcement accountable for illegal actions.
Contact The Zeiger Firm for Help
Illegal searches and seizures can have serious consequences, and going up against law enforcement is often intimidating. Fortunately, The Zeiger Firm has years of experience fighting unlawful police conduct and challenging unconstitutional searches. We take an aggressive, evidence-driven approach to defending your rights and protecting your future. If you believe your rights were violated, act now. Contact us today for a free consultation.
