At the moment when North Carolina police are knocking at your door, performing a routine traffic stop, asking you questions or demanding to search your property, you may not be thinking too clearly about your rights. You may not feel you have any rights or the right to say no, but you do. If police violate those rights, it could end up helping your case if you are ultimately arrested and charged with anything. For example, you have the right against illegal search and seizure, which means any evidence obtained against you must be achieved legally. Unfortunately, many people are victims of illegal search and seizure and may not realize it at the time it is happening.
Prosecuting attorneys count on evidence to achieve a conviction. That evidence has to be clear. It also, as previously said, has to be properly obtained. Police cannot do any of the following:
- Search without your consent or court approval
- Act without reasonable suspicion or probable cause
- Force you to talk
- Deny you legal counsel
If any of these or a few other things occurred in your case, you may be able to claim that your Fourth Amendment rights have been violated. In doing so, you may be able to have any evidence offered against you deemed inadmissible. This could lead to any charges filed against you being dropped.
If you believe you are the victim of illegal search and seizure, or if you feel North Carolina police officer actions were inappropriate in some way, it is worth talking to your legal counsel about. This is something an experienced criminal defense attorney would investigate and use to help you achieve the best outcome possible. To learn more, please take a moment and visit our firm’s website.