What Are My Rights Against Search and Seizure Before a Felony Arrest?

If you have been arrested for a felony offense in Colorado and are now facing charges, it is crucial to seek legal advice about whether your constitutional rights may have been violated if your arrest resulted from a search of your person or your property. In other words, you may have been subject to an unlawful search under the Fourth Amendment of the US Constitution, which could be a defense to the charges you are facing and could potentially result in a dismissal of the felony charges. Our Denver felony defense attorney can provide you with more information about your rights against search and seizure under the Fourth Amendment prior to a felony arrest.

Was the Search Warrantless? 

If you or your property were subject to a search by law enforcement and there was no lawfully issued warrant, unless an exception applies to the case, the search may have been unlawful. The Fourth Amendment of the US Constitution states:

“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.”

Did the Search Involve a Traffic Stop?

Assuming the search was warrantless, did it involve a traffic stop? In other words, were you stopped while driving a motor vehicle? If so, the automobile exception might apply. If the police have probable cause — more than what is needed to stop you, known as reasonable suspicion — then they may be permitted to conduct a warrantless search. If there is no probable cause, any search may have occurred in violation of the Fourth Amendment.

Keep in mind that, if you consented to the search, then there is no Fourth Amendment issue at stake. However, and to be clear, you can decline a request for you to consent to a search of your vehicle — that is your right.

Additional Fourth Amendment Exceptions to Consider

If a warrantless search occurred outside the context of a traffic stop, one of the following “exceptions” must have existed in order for the warrantless search to have been lawful:

• You consented to the search (keep in mind you never have to consent to a search request, and you should indeed say no if asked to consent);
• Search occurred incident to a lawful arrest;
• Police were in “hot pursuit”;
• There was a concern about the imminent destruction of evidence; or
• Evidence was in “plain view.”

Contact Our Denver Felony Criminal Defense Attorneys for Assistance with Your Case

Are you currently facing charges for a felony offense under Colorado law that resulted from a warrantless search? If so, the search may have been unlawful and you may be eligible to defend against the charges by arguing that a constitutional violation occurred. An experienced Denver felony criminal defense attorney at DeChant Law can assess your case today and can discuss how the Fourth Amendment might serve as a key element of your defense or having the charges against you dropped or dismissed. Contact our firm today to have your questions answered and to discuss the possibility of a Fourth Amendment violation defense in more detail.

Source:

constitution.congress.gov/constitution/amendment-4/