Illegal Search & Seizure
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.
One of your most fundamental rights is the right to be left alone. If you are facing a criminal charge because the government stopped you, questioned you, detained you, searched you, or arrested you, you have the right to force the government to prove their actions did not not violate your rights. Violations of your rights can exist from the moment the Police turned their attention to you and stopped you.
The law recognizes three types of encounter the government can have with you:
- Voluntary encounters with the police, which are no different than when someone stops you on the street for directions;
- Stops supported by articulable suspicion, when the officers believes for a specific reason you may be committing a crime; and
- Stops supported by probable cause, where a reasonable person would believe you are committing a crime.
Each of these interactions is governed by a different set of rules. These rules are in place to protect your rights. The right to be free from unreasonable search and seizure is a powerful right. For example, a judge may rule the police did not have the authority to even stop you and ask your name. In these cases, the judge may find all the evidence allegedly collected against should not be used against you.
When the police stop you in Georgia, they must have a legal reason to detain you and pursue their investigation and arrest. If the police do not follow these constitutionally mandated rules, any and all of these violations can be raised in a pretrial motion in court. If the judge agrees with your motion to suppress and finds your constitutional rights were violated, this can prevent the State from using damaging evidence against you. This can stop the State’s prosecution of you long before a jury trial.
Being charged and prosecuted for a crime is a terrible experience. The violations you experience during a poorly handled police investigation can be serious and the Constitution offers you protection. If you are convicted of a crime in Georgia it is something that can affect you for years to come, long after the days in jail or prison are over and the time spent on probation and parole has ended. At The Lynch Law Group, we strive to avoid conviction and make sure that your rights are protected. We prepare every case as if it is going to trial so that we can get the best outcome for you.
Defending Your Rights: The Role Of An Illegal Search Attorney
In a society built on the principles of justice and the protection of individual rights, illegal search and seizure cases remain a critical battleground. When law enforcement oversteps its boundaries and conducts searches or seizures without proper authorization, it infringes upon your Fourth Amendment rights. This is where an experienced illegal search and seizure attorney can make all the difference.
Understanding Illegal Search And Seizure
To comprehend the significance of an illegal search and seizure attorney, it’s essential to first grasp what constitutes an illegal search and seizure. In simple terms, it occurs when law enforcement officers conduct a search or seize property without a valid warrant or probable cause. This encroachment upon your privacy and constitutional rights demands a vigorous defense.
Your Legal Advocate
At The Lynch Law Group, we understand the gravity of illegal search and seizure cases. Our team of seasoned attorneys has a proven track record of challenging unlawful searches and seizures to safeguard our clients’ rights. When you choose us as your legal advocate, you’re selecting a dedicated team that will go to great lengths to protect your interests.
Key Role Of An Attorney
- Thorough Legal Analysis: An attorney’s primary role is to meticulously analyze the circumstances surrounding your case. This involves scrutinizing the actions of law enforcement, evaluating the evidence, and identifying any violations of your Fourth Amendment rights.
- Filing Motions to Suppress: Once irregularities are identified, our attorneys are skilled at filing motions to suppress the unlawfully obtained evidence. This crucial step can significantly weaken the prosecution’s case and increase your chances of a favorable outcome.
- Effective Negotiation: In some cases, negotiation with the prosecution can lead to reduced charges or dismissal of the case. Our attorneys are adept at engaging in negotiations to protect your rights and achieve the best possible outcome.
Our Firm’s Advantage
When you turn to us for your illegal search and seizure case, you’re choosing a legal team that excels in navigating the complexities of the law. Our commitment to upholding the Constitution and protecting your rights is unwavering. We leverage our experience and expertise to challenge unlawful actions by law enforcement, ensuring that justice prevails.
Your Rights, Our Priority
If you find yourself facing the daunting prospect of an illegal search and seizure case, remember that you don’t have to face it alone. Our firm is here in Georgia to provide you with the strong legal defense you deserve. Our dedicated Decatur, GA illegal search and seizure attorneys will work tirelessly to protect your rights and ensure that you receive a fair and just outcome.
Don’t wait; take action now. Contact The Lynch Law Group and schedule a consultation to discuss your case. Your rights are our priority, and we’re ready to stand by your side throughout this legal journey.
“ndrew is truly great at what he does . During our consultation he was competent in the law and provided me with real expectations about what could happen in court. Andrew kept his word that he would do his best to help me. This meant the world to me especially because I am a single mother of three children. I recommend him as a lawyer to anyone who requests legal services.”