Searches and Seizures Defense In Kentucky

The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government. Particularly in drug cases, the legality of how law enforcement officials obtained the evidence used to support the State’s case is a central and often challenged issue. If the government’s conduct violated the Fourth Amendment, the evidence is deemed inadmissible. Without the necessary evidence to prove the criminal charges, the State may have to dismiss its case against a defendant. If you have been charged with a drug crime which was based on an illegal search or seizure, call (502) 237-0871 today to schedule your initial consultation with criminal defense attorney William M. Butler, Jr., or you may contact him via email to schedule an initial confidential consultation, to discuss your case. He has over 35 years experience in searches and seizures defense in drug cases, and can advise you whether the evidence leading to the charge may have resulted from an illegal search or seizure. He has successfully defended thousands of clients, and he can help you too. 

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The Fourth Amendment Provides:

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.

In addition, similar provisions in each state’s constitution may afford even greater protections.

Warrants and the Protection of Privacy

Fourth Amendment protections apply to situations where persons have a reasonable expectation of privacy, such as their home or personal communications, for instance. However, whether the expectation is “reasonable” is the key to whether it is protected by the Constitution. Reasonableness is context-specific. The court looks at an individual’s intention to keep something private and whether the expectation is one that society is willing to recognize as reasonable. Just as standards of privacy are constantly changing in society, Fourth Amendment law is also constantly evolving.

The government can intrude on such a zone of privacy only if the search or seizure is reasonable. Generally, a “reasonable” search or seizure is one supported by a warrant. The warrant itself has to be valid. A warrant is valid if issued by a neutral judicial official, supported by probable cause and specifically identifies the person or thing to be searched or seized. To establish “probable cause,” the law enforcement officer has to present facts that would lead a reasonable person to believe that a crime is being, or has been, committed.

For immediate assistance, call (502) 237-0871 today to speak with William M. Butler, Jr, he is a criminal defense lawyer, with over 35 years experience, to discuss your situation and learn about your rights and options, or contact him via email or text to schedule your initial confidential consultation.