Understanding search and seizure laws in Arizona

Understanding search and seizure laws in Arizona

| Feb 5, 2021 | Criminal Defense

It’s common for those suspected of a crime to be subject to a search and seizure. In some circumstances, a search and seizure is legal, but in others, law enforcement officials may be carrying it out unlawfully. If something incriminating is found in an unlawful search and seizure, you may be able to have all charges dropped by showing that the procedure was not legal.

If you are worried that you or your home will be searched in the future or if you have recently been arrested after a search and seizure was conducted, it is important that you understand how the law works in Arizona so that you can make informed decisions to adequately defend yourself.

How the Fourth Amendment applies to search and seizures

The Fourth Amendment guarantees a person the right of security within their homes. It states that unreasonable searches and seizures can only be legally conducted unless there is a probable cause to believe that a crime has been committed and when a warrant has been issued. It is important to note that reasonable searches and seizures can be performed without a warrant.

How do I argue that a search and seizure was unreasonable?

The first thing that you will need to do is argue that you had an expectation of privacy. You should be able to demonstrate that in the circumstances of the search and seizure, you did not expect to have your privacy intruded upon. This expectation of privacy must be considered objectively reasonable.

For example, it is likely to be considered objectively reasonable that you had an expectation of privacy inside of your home. Your home is your space, and you do not expect that it will be searched. However, it may be more difficult to put forward that you expected your garbage to have privacy, for example.

If you can prove that a search and seizure was wrongful, you may be able to have all charges dropped. Make sure that you take early action to assert your rights.