Can A Greensboro Criminal Defense Attorney Explain When I Have A Valid 4th Amendment Claim?
Yes, of course! The 4th Amendment protects us from unreasonable searches and seizures. There are several nuances to this protection, though, and criminal defense attorney often look to it first as a valid defense for their client. Criminal procedure is extremely important, and making sure your rights have not been violated should be your number one concern when you have any kind of criminal charge. For more information about 4th Amendment violations, you should speak with a Greensboro criminal defense attorney today!
There are several things your need to consider when thinking about your 4th Amendment claim. First, you need to consider if your are one of the people the 4th Amendment protects. If you’re a United States citizen, you can definitely check this box off. If you’re currently applying for your citizenship, you should still be fine. If you have questions about this component, you should speak further with a criminal defense attorney. Second, has government action taken place? So, is the person who searched you a government agent? For example, the police officer. If so, check this box off as well. Next, is the person challenging the violation of the one whose rights were violated? You must be the one whose rights were violated if you are challenging this charge. Lastly, is the government conduct so intrusive that it constitutes a search under the 4th Amendment? This is usually the trickiest component. Reasonable suspicion is correct. If the officer develops probable cause during that, than he can search something and hold you longer. For more information on reasonable suspicion and probable cause, you should speak with a Greensboro criminal defense attorney as soon as possible!
Please speak with a Greensboro criminal defense lawyer today to make sure that your 4th Amendment rights have not been violated. The criminal defense attorneys at Garrett, Walker, Aycoth, and Olson know the requirements of the law and also genuinely care about each and every case given to them. Call at 336-379-0539 today; we are here to help!
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Talk to a Greensboro criminal defense lawyer today
Bring the warrant, the release order and anything else they gave you.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.