Unconstitutional Searches and Seizures

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
– Fourth Amendment, United States Constitution

 

All searches without a search warrant are unconstitutional. The police can ask. They can also threaten, cajole, and manipulate. However, unless certain exceptions apply, they still cannot legally search you, your house, or your vehicle without a warrant. To find out more, contact William Butler, at 502-582-2020, and speak to a knowledgeable defense lawyer about search & seizure law, or contact him via email to schedule your initial confidential consultation. For over 28 years, William Butler has skillfully defended thousands of clients, compiling an impressive record of positive results, please see his Case Results and Testimonials.

Exceptions to the Warrant Rule:

Consent

If the police ask to search you, your car, or your house, and you give consent, they do not need a warrant. The search is legal. However, you do have the right to refuse.

Probable Cause

If the police believe that a crime has been committed, or that a certain property is connected with a crime, they do not need a warrant. Obvious examples of probable cause include a bulge in someone’s pants that looks like a gun, or someone running down the street with a purse with a woman behind him shouting for help. Probable cause is not always so black and white. Sometimes, when an officer finds drugs or a weapon based on a “hunch,” he will try to claim probable cause. Attorney William Butler, Jr. fights hard against spurious claims of probable cause, and will try to make sure that any evidence found is inadmissible.

Plain View

Contraband drugs or weapons that are in plain sight give the police probable cause to search. Examples include items:

  • Seen through the house window from the street
  • Seen from the air
  • Found in the trash
  • Sitting next to the driver in a vehicle

Avoiding Arrest

If you are in a vehicle, do not cause yourself to be stopped for an arrestable offense. Do not speed, drive recklessly, or drive drunk, and make sure that your taillights are in working order. Police often use these “pretext stops” to look for drugs. To find out more about how you can protect your constitutional privacy rights, please contact trial lawyer William Butler.

Secure Legal Counsel

William Butler has dedicated his practice to criminal defense, he will fight to protect your rights. For over 28 years, he has skillfully defended thousands of clients, compiling an impressive record of positive results, please see his Case Results and Testimonials. For immediate assistance, call the law office of William Butler at 502-582-2020, or contact him via email for your initial confidential consultation.

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