If you have recently been arrested for a crime, you are likely under the pressures of fighting for your future. You are probably wondering if you will be convicted and forced to spend time behind bars in a worst case scenario. Whatever the case may be for you, criminal defense attorneys have been established for this very reason-to offer you the legal representation you deserve in order to fight for your rights and for your freedom. A common concern for many indivudals after their arrest is to whether or not having their property or home searched was lawful. Many feel as though their rights were violated during a search and seizure. For this reason there are laws clearly drawn out in order to protect the rights of individuals even in the event of a criminal accusation.

The 4^th Amendment of the United States Constitution reads:

The right 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 Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The crux of this amendment is to protect the rights as well as the privacy of all people in the U.S. The key word to remember, however is the "unreasonable" search and seizure from both state and federal authorities. This amendment also gives the authorities the ability to conduct these searches in your property if they have reason to believe you are involved in something illegal. Probable cause is everything when it comes to your being searched, and if the authorities are not able to prove that they have a valid reason, a criminal defense attorney could use this in your defense. In most cases a judge will have to sign off on a search warrant before the authorities can take action, there are some situations in which an officer does not need the go ahead from the judge.

Though our country is known for its "freedoms," if law enforcement officials believe that there is any question of your being a threat to another person or that you were involved in an illegal act, those freedoms are stripped by the law. Your right to privacy from search is only if there is an actual reason for you to except said privacy. How would one then determine whether or not their rights were violated by the law enforcement officials during a search and seizure? First, the court will seek to understand whether or not the person searched actually expected that they should have privacy. For example, if you were using a public restroom with a stall, you expect that there will be no wandering eyes spying on you. That privacy is expected; and rightfully so.

Next, the court will consider whether your "expectation to privacy" was properly placed? For example, some people talking not heir cell phone at the mall may feel like it is their right not to be overheard, though if they were talking loud they can't expect others to really not hear what they say. Another example would be if an officer pulled you over and looked around the front seat for a weapon. If they find one, the driver can't have necessarily expected that their front seat was truly private.

While the officers searching your property may have a reasonable cause, there are times in which they do not. It is important to realize your rights, and to contact a local criminal defense attorney in your area to fight on your behalf. Your attorney can then fight to prove they had no cause, and therefore the court would determine the evidence that was discovered as inadmissible in the courtroom. Not only that, but the officers can't use the original evidence that was discovered in order to find more related evidence. Essentially, the court will rule that investigators have to act as though the evidence never existed.If you or someone you know has been arrested for a crime, or otherwise had your rights violated in a search and seizure, contact a local criminal defense attorney in your area today!