Fourth Amendment Protections and Illegal Searches in South Carolina
The U.S. Constitution grants all citizens the right to be free of “unreasonable searches and seizures” in places in which they have a reasonable expectation of privacy. To search your home, car, or other personal space and belongings, law enforcement must obtain a search warrant from a judge or magistrate.
To do so, the police must first establish probable cause. Although establishing probable cause is a relatively low burden in the law, it does require that investigators show enough evidence to convince a judge that a crime was committed and that you are likely the culprit.
When is a Search Considered Unlawful Under South Carolina Law?
A valid search warrant must specify both the area to be searched and the items being sought. A search warrant prevents law enforcement from conducting a ‘fishing expedition’ in hopes of finding incriminating evidence. At the Law Office of Mo Abusaft, our criminal defense lawyers in Gaffney, SC are committed to preventing illegal searches and seizures. In this blog, we discuss examples of Fourth Amendment violations and your protections in the event of an unlawful search.
Examples of Fourth Amendment Violations
In addition to not showing probable cause, other Fourth Amendment violations by police investigators may include:
The Drugs Were Not Easily Visible
If the police confiscate contraband at your home or apartment and claim that the drugs were in plain view, this should be challenged. Under the plain view doctrine, the police can seize evidence when it is easily visible, bypassing the warrant requirement. Even so, there is a limit to what is considered in plain view. For starters, the officer must have a legal right to be in the location where they spotted the evidence. If the police were illegally present, then the plain view doctrine would not apply.
You Did Not Agree to the Search
If the police do not obtain a warrant, a search can be conducted with your consent. However, if you did not consent to the search and the police testify that you did, this retrieved evidence may be discarded.
The Police Searched an Area Outside Your Person or Control
Following an arrest, the police can search the individual and the immediate vicinity within their control. This law exists to protect an officer’s safety while also ensuring that the arrestee does not destroy or tamper with relevant evidence. However, a search incident to arrest without a warrant is only valid if a lawful arrest has occurred and if the search is conducted relatively soon after the arrest. If law enforcement searches the vicinity outside your person or physical reach, then our legal team will file a motion to suppress this evidence at trial.
Investigators are Not Above the Law
Whereas the Fourth Amendment of the U.S. Constitution protects citizens against unlawful searches and seizures, the South Carolina Constitution provides individuals with the same rights. Although investigators may take all possible avenues to secure evidence, they are not impervious to the law.
At the Law Office of Mo Abusaft, we are not intimidated by criminal investigators or police officers. The rules established by our justice system are written appropriately to level the playing field between the prosecution and defense. If we are informed that the police did not collect evidence legally, we are prepared to file the necessary motions to have that information excluded.
Protect Your Rights With a Trusted Criminal Defense Lawyer in Gaffney, SC
Anyone facing criminal allegations understands the anxiety of not knowing what to expect next. Whether you have been arrested, charged, or have reason to believe that you are under criminal investigation, our Gaffney, SC, criminal defense attorneys are here to assist you. At the Law Office of Mo Abusaft, we are committed to helping clear your good name so that your future goals remain attainable. To learn more or schedule a free consultation, contact us online or call (864) 406-8941.