Miami Illegal Search and Seizure

Protecting Your Fourth Amendment Right to Privacy

The Fourth Amendment to the U.S. Constitution protects you from illegal search and seizure, but law enforcement may not respect your rights. If you believe your rights have been violated, you deserve legal representation.

The Hoffman Firm believes that your rights should be protected at all times. Our firm has been honored to advocate for our clients in Miami and the surrounding areas for over 20 years. Whether during arrest, investigation, or trial, our experienced team of legal professionals can protect your rights and advocate on your behalf.

Entrust your case to a team that cares. Call The Hoffman Firm at 305-249-0090.

What Does the Fourth Amendment Say?

The Fourth Amendment states, “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches seizures, shall not be violated, and no warrants shall issue but upon probable cause […].”

The purpose of this amendment is the privacy of all citizens in the United States. This means that your house, property, and other assets cannot be investigated without probable cause – a legal principle prohibiting arrest unless there is sufficient evidence to suggest criminal activity.

Police cannot arrest you on suspicion alone. There must be physical or situational evidence to suggest criminal activity. For example, an officer cannot stop someone outside of a bank because they look suspicious. However, if a person is wearing a mask or face covering and carrying a bag full of money near the site of a bank robbery, it is reasonable to assume that they could be involved.

When probable cause meets search and seizure, several things must be in play:

• There must be evidence to support the need for a search warrant
• A judge must issue the warrant
• Law enforcement must have the warrant on hand before search or seizure can begin

Once the above criteria have been fulfilled, the police can perform a reasonable search and seizure, which is allowed under the Fourth Amendment.

Legitimate Expectation of Privacy

If there is reason to suspect that an unlawful search has occurred, the court must use a two-part test from the U.S. Supreme Court to determine whether there was a legitimate expectation of privacy. In other words, did the individual searched expect to have their privacy protected.

To determine legitimate expectation of privacy, two questions must be answered:

• Did the person expect a degree of privacy?
• Is their expectation objectively reasonable – would anyone else say that their expectations were valid?

Another crucial consideration is societal norms. Legal search and seizure are allowed under the Constitution, which means you cannot take legal action if the evidence supports a search warrant. However, if a search is performed in a way that goes against societal norms, you may have a case.

For example, a person using a changing room at a clothing store does not expect to be spied on, and most people would agree with that expectation. That said, if police were to install a hidden camera in the changing room to search for evidence, it would be a violation of their Fourth Amendment rights.

Private Security

It is also important to note that the Fourth Amendment only applies to police officers and government employees. If you visit a museum and have to go through a bag check, it is not a violation of your right to privacy – the museum’s security guards are performing their duties within the law.