Experienced Charlotte Criminal Defense Lawyers Committed to Upholding Your Right to Be Free From Unreasonable Searches and Seizures
The Fourth Amendment to the United States Constitution protects all citizens from “unreasonable searches and seizures.” Generally, this means that law enforcement officers need a warrant to conduct a search or seizure. However, the reality is that most criminal cases in North Carolina do not involve warrants. Why? The answer has to do with the many exceptions to the warrant requirement.
At the Olsinski Law Firm, PLLC, our Charlotte criminal defense lawyers proudly stand up for the rights of everyday citizens who have been subject to government overreaching. We know how to challenge warrantless searches in North Carolina courts. In fact, we have decades of experience investigating, preparing, and litigating motions to suppress to keep out evidence that was seized in violation of our clients’ rights. Whether you’ve been arrested and charged with a Charlotte drug crime, possession of child pornography, or any other offense, we are here to help protect your rights—and your freedom.
The Fourth Amendment
The Fourth Amendment stands for the idea that the government, specifically law enforcement, cannot subject citizens to unreasonable searches and seizures. At the time the Fourth Amendment was drafted, it was interpreted to mean that police officers could not conduct searches or seizures without a valid warrant. However, over time, courts chipped away at the protections of the Fourth Amendment by allowing warrantless searches in certain situations.
Exceptions to the Warrant Requirement
There are several situations where police officers do not need to get a warrant before conducting a search. Below are some of the most used exceptions to the warrant requirement:
Consent
If you voluntarily consent to a search, law enforcement officers do not need a warrant. However, your consent must be given freely and without coercion. The idea is that a search isn’t unreasonable if you agree to it.
Plain View
If an officer is lawfully present and observes contraband or evidence of a crime in plain view, they can seize it without a warrant. The justification for this exception is that seizing an item in plain view is not technically a “search.”
Search Incident to a Lawful Arrest
If you are lawfully arrested, officers may search you and the area within your immediate control. This exception is based on the need to ensure officer safety and prevent the destruction of evidence.
Exigent Circumstances
In emergency situations where there is an immediate need to prevent physical harm, the destruction of evidence, the escape of a suspect, or other similar exigencies, officers may conduct a search without a warrant.
Automobile Exception
Due to the inherent mobility of vehicles and the lower expectation of privacy, officers may search your vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.
Stop and Frisk (Terry Stop)
If an officer has reasonable suspicion that 1.) you are involved in criminal activity and 2.) may be armed and dangerous, they may stop you and conduct a pat-down for weapons. However, the pat down must be limited; officers cannot manipulate objects in your pockets. However, if it is readily apparent that an object is contraband, the officer is permitted to seize it.
Inventory Searches
When law enforcement takes custody of your vehicle or other property, they may conduct an inventory search to document the contents and protect against claims of theft or damage.
In each of these cases, law enforcement can effectuate a search without a warrant. However, that does not mean that you cannot challenge the officer’s decision to conduct the search.
Motions to Suppress Help Enforce the Fourth Amendment
If an officer cites an exception to the warrant requirement, conducts a search, finds contraband, and then makes an arrest, a Charlotte criminal defense attorney can challenge the officer’s actions by filing a motion to suppress. Motions to suppress are pre-trial motions that challenge the recovery and presentation of evidence based on the claim that the evidence was obtained in violation of the defendant’s constitutional rights. Motions to suppress may be appropriate in any case involving physical evidence, including those involving:
Drug crimes,
Weapons offenses,
Theft offenses,
, and
DUIs.
For example, say police pull you over for running a stop sign. Without seeing anything suspicious, the officer opens the driver’s door, pulls you out, and searches the vehicle, finding a loaded gun under the driver’s seat. Here, your defense lawyer would likely file a motion to suppress the gun based on the fact that the officer lacked probable cause to believe you had committed a crime.
Is the Government Planning to Use Illegally Obtained Evidence Against You?
If you were recently arrested and charged with a crime after a traffic stop or pedestrian investigation, the evidence the prosecution plans to use against you may have been obtained in violation of your rights. If so, it shouldn’t be admitted in your trial. However, you’ll need an experienced Charlotte motion to suppress lawyer to illustrate to the court how officers violated your rights. At the Olsinski Law Firm, PLLC, our dedicated defense attorneys proudly stand up for our clients’ constitutional rights at every possible opportunity and have suppressed unfavorable evidence in countless cases. To learn more, and to schedule a free consultation with one of our attorneys today, give us a call at 704-405-2580. You can also connect with us through our secure online contact form.
