The Laws Relating to Search and Seizure in New Jersey
Everyone has a right to privacy afforded by the Constitution. The Fourth Amendment of the U.S. 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.”
Police do not automatically have the right to search your vehicle after pulling you over. The Fourth Amendment does protect individuals from “unreasonable” searches and seizures by both state and federal law enforcement authorities. On the other hand, the Fourth Amendment does allow law enforcement officials to conduct searches that are “reasonable.” Officials can conduct a search if they have a court-issued search warrant or have probable cause to believe that a crime was committed.
Judges who deal with the question of whether a lawful search was conducted consider two important questions. Did the defendant have the expectation of privacy under the circumstances? Is that expectation reasonable, or is it one recognized by society as reasonable? If a judge determines that a search and seizure was conducted illegally or that it violated the defendant's constitutional rights, the evidence and the case can be thrown out.
If you have been charged with a crime and believe that your Fourth Amendment rights were violated, please contact the Princeton criminal defense attorneys at Lependorf & Silverstein for a free consultation. We will carefully review all the details surrounding your case and ensure that your rights are protected. Call us today at 609-240-0040 to find out how we can help.
