Search and Seizure Law

San Jose Search and Seizure Lawyer

The Fourth Amendment of the U.S. Constitution ensures every individual the right to be protected from illegal search and seizure. Protection from unlawful search and seizure allows individuals to uphold their right to privacy and the integrity of their property. The Forth Amendment also states that a warrant must be issued in order to allow law enforcement officials to search your home or property. For a warrant to be issued, probable cause must be presented and the warrant must contain the exact location to be searched, as well as the property that is approved to be seized.

While law enforcement officials are granted power to protect the rights of the people, they sometimes abuse their power. This is particularly true during traffic stops and drug crime allegations. An alarming recent trend reports that police officers have been seizing property and cash without appropriate warrants.

Without a warrant, the owner of the home or property must consent to a search before the police officer can begin a search. Although this seems fairly simple, law enforcement officials have many tactics they use to try to trick individuals into giving them consent to search the area or property.

Speaking with a skilled criminal defense attorney is the best way to determine whether your rights were violated during the search and seizure of your home or property. Contact the San Jose search and seizure lawyers of the Law Office of Daniel Jensen at 408-556-9276 or 866-491-1667 to discuss the details of your case.