Friday, September 30, 2011

Search and Seizure - What You Need to Know

"Search and seizure" is a term that describes the right for police and other officials to legally search and confiscate a person’s property when it is deemed as evidence to a criminal act the individual is believed to have committed. Although there are other extenuating circumstances, there exist three key situations that make a search and seizure a reasonable act as interpreted by the courts.
  1. If a person gives their consent, it is legal for the officer investigating a crime or situation to search through the person’s property.
  2. When a valid warrant has been issued by the court and describes the specific property to be searched, a search and seizure is legal.
  3. When it is believed that evidence may be destroyed or is in serious danger, police have the right to conduct a search without going through the steps to have a warrant issued.
When a person believes the search and seizure conducted on their property was invalid, it could be beneficial to consult with an experienced Philadelphia criminal lawyer. They can help to file a motion that challenges the legality of the search. In cases where this process is not done legally, it is likely the evidence will not even be introduced in court.

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