The Sanders Firm, P.C.: The Fourth Amendment and Seizure of Property
We at the law offices of The Sanders Firm, P.C. are ready to defend your Fourth Amendment rights, including those related to seizure of property. The Fourth Amendment grants those in the United States specific civil rights in relationship to the law, law enforcement officers, and the courts. If these rights are violated in any way, the victim has every right to justice. It is important for everyone in the United States to understand the Fourth Amendment and how it protects them regarding seizure of property. This protection is a part of our basic freedoms.
Fourth Amendment and Property
The Fourth Amendment notes that we have the right to be secure in our “persons, houses, papers, and effects” and that we should also be secure “against unreasonable searches and seizures.” Seizure of property can only occur if a warrant has been issued for a search. This occurs after “probable cause” has been established and a judge has issued a search warrant.
That means that we are protected from the seizure of property within our homes. Law enforcement must have legally established a sound reason for coming into our homes and for taking our property. If this has not been done, any seizure is a violation of an individual’s civil rights. The amendment also extends to any personal property and includes motor vehicles, with some exceptions, and handbags, backpacks, wallets and other such items.
The Fourth Amendment is especially important in establishing our rights to property and the fact that those rights cannot be subverted by the whim of the government or an officer of the court. It gives us security in our daily lives. It also allows us to excise our right to seek justice if our property has been seized illegally.
Violations and Your Civil Rights
The confiscation of your property from your home or person without probable cause and without a search warrant is a violation of your civil rights. Also, if an officer has fabricated probable cause in order to gain access to your property and conduct a search or if they falsify a warrant in any way, they have violated your rights regarding seizure of property. If this has occurred, it is important to seek legal representation. A civil rights lawyer will be able to assess your situation, will understand what violations have taken place, and will know the correct course of action to take in order to get justice.
Protecting Your Rights
We at the New York law offices of The Sanders Firm, P.C. are poised to ensure you get justice if you have suffered from an unwarranted seizure of property. Our civil rights that guard against illegal search and seizure are protected by the Fourth Amendment. The protection this amendment gives us is essential to the preservation of our daily freedoms. Call your voice for justice, The Sanders Firm, P.C., if you feel your civil rights were violated.