Importnat Role of The Fourth Amendment Rights In a Criminal Case

Importnat Role of The Fourth Amendment Rights In a Criminal Case

No doubt, regardless of what kind of crime you may be charged with, it is very important to know your rights. After all, the Constitution of United States clearly states in its Fourth Amendment that any person must be fully protected from unreasonable or unlawful search and seizure. This basically means that if any kind of evidence was gathered without any serious reasons, this evidence cannot be allowed into the trial.

With that said, a lot of people are wondering how that law is applied when it comes to drug searches in their homes or inside of their vehicles. Well, in order to make it a little more clear for the readers, let us review a simple example.

Let us suppose that you were driving home when a law enforcement officer pulled you over. The reason for the stop was your broken taillights. Now, this does not automatically give him permission to search your vehicle. However, if this law enforcement officer is going to smell marijuana or will have reasons to believe that you were smoking cannabis (red eyes, frantic behavior, strange speech), he may ask you to step out of the vehicle and to show him what you have in the car. This is reason enough to start a search and to use any found drugs against you in court. However, if there were no signs of marijuana in the air and you looked and behaved normally, the police officer had no reasons to search your vehicle.

Sure enough, there are many exceptions when it comes to the Fourth Amendment and these largely vary from one case to another. It is apparent that many factors will be taken into consideration by the court, so you can never know what evidence is going to be used or dismissed.

One way or the other, in order to make sure that your Fourth Amendment rights are fully respected in court, it is imperative to hire a genuinely qualified as well as experienced Los Angeles criminal defense attorney, who had to deal with cases like this one before. Only will a good legal representative have what it takes to make sure that any evidence against you that was accumulated during unreasonable searches is dismissed and will not be used against you.

Los Angeles Criminal Specialists, https://www.losangeles-criminaldefense.org

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