Tuesday, May 17, 2011

A Man's Home is His Castle: The Fourth Amendment, Police Searches, and You

A man's home is his castle. Your home should be a place where you feel safe, secure, and free from being searched by the police.

The proverb is so well known, ancient, and influential that the Founding Father's embedded it into the Bill of Rights. The Fourth Amendment states "The rights 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 an Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The US Supreme Court supported this basic principle recently; "...searches and seizures inside a home without a warrant are presumptively unreasonable."

However, castles, much likes homes, tend to crumble over time. Over time, the courts have created a variety of exceptions to the basic principle which have expanded the power of the police to search your home, your car, and your pockets, without a warrant.

If you're in trouble with the law over something found by the police, such as marijuana or firearms, contact an experienced criminal defense attorney for a free consulation today!

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