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Atlanta Criminal Defense Lawyers > Blog > Criminal Defense > Illegal Search & Seizure: What Are My Rights?

Illegal Search & Seizure: What Are My Rights?


As a U.S. citizen, it is crucial to understand your constitutional rights, especially during encounters with law enforcement. Unfortunately, there are times when police officers overstep their boundaries and conduct illegal searches and seizures.

If you think you were the victim of an illegal search and seizure, it is essential to know what actions to take to protect your constitutional rights. Our Gwinnett County criminal defense lawyers at Hawkins Spizman Trial Lawyers can help you determine whether your rights were violated and, if so, get the charges dropped or reduced.

What Is Illegal Search & Seizure?

A search may be considered illegal, and evidence seized becomes inadmissible in court if the following situations apply:

  1. When law enforcement conducts a search without a warrant;
  2. When the warrant used is invalid, for example, it was expired or did not describe the items to be seized adequately; or
  3. When the police officer did not have probable cause to conduct a search.

If any of these circumstances apply, a search and seizure can be considered illegal pursuant to protections granted by the Fourth Amendment to the U.S. Constitution.

What Are Your Rights During Searches and Seizures?

During searches and seizures, you have the following rights:

  • The right to remain silent
  • The right to refuse questions without a lawyer present
  • The right to refuse a search unless the police officer has a warrant
  • If the police officers obtain a warrant, you have the right to receive a copy of the search warrant
  • The right to refuse consent for the officers to search your property

If your rights were violated during a search and seizure, you might want to consider hiring a lawyer who can assist you in challenging illegally obtained evidence and building a strong defense.

What Happens If Evidence Was Illegally Obtained?

If the evidence is illegally obtained, it is excluded from court and cannot be used as evidence against you. This is known as the “exclusionary rule.” However, in some cases, the prosecution may argue that the evidence was obtained legally. Therefore, it is essential to have a lawyer who will challenge the prosecution’s assertion and protect your rights.

Hawkins Spizman Trial Lawyers Can Help Protect Your Constitutional Rights

If you think that you were a victim of an illegal search and seizure, it is essential to speak with a lawyer. Our lawyers at Hawkins Spizman Trial Lawyers will help you understand your rights and determine if the evidence used against you was legally obtained. If the evidence was illegally obtained, we will fight to ensure that it is excluded from court and advocate for your rights in court. Having a lawyer will also help you navigate complex legal procedures and ensure that your story is heard.

Let Our Lawyers Help You

It is vital to understand your constitutional rights during encounters with law enforcement to ensure that your rights are protected. If you believe that the police conducted an illegal search and seizure, contact Hawkins Spizman Trial Lawyers.

Our lawyers serve all of Georgia, including Gwinnett County, Cobb County, DeKalb County, and Fulton County, as well as Sandy Springs, Dunwoody, Alpharetta, Johns Creek, and Atlanta. We can help you fight for justice even when your situation looks grim. Receive a free case evaluation by calling 770-685-6400.



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