Leslie A. LeMense Criminal Law Blog on Lawyers.com

Understanding your Constitutional Rights

Phoenix drug trafficking offenders, just like anyone else, have constitutional rights concerning searches in Arizona. In many situations agents of the law will inappropriately use their power and influence to practice illegal search and seizure activity. When agents of the law perform these illegal search and seizures the constitutional rights of individuals are desecrated. Take note of the factors that constitute legal search and seizures in Arizona, in order to better understand your rights. After reading this article if you believe your rights have been breached in any way, contact a drug crimes attorney immediately to direct your case.

Any agent of the law conducting a search and seizure must have probable cause. Probable cause in Arizona means that there is reason to believe that the individual being searched is connected with some sort of illegal activity. It is believed that the illegal items will be found within this search. According to the fourth amendment search warrants must be issued, based on probable cause, in order for an agent of the law to conduct search and seizures. Although search warrants are deemed necessary in many situations there are situations in which search warrants are not needed. These situations include:

¿ If an illegal item is in plain view for a police officer, the officer can conduct a legal search.
¿ If an individual grants police consent to search their house, vehicle or body the officer can legally perform the search. It is important to note that individuals do not have to consent to searches, and should not without first consulting an attorney.
¿ After an individual is arrested he/she may legally be subjected to a search of their body and/or clothes in order to find potentially harmful items, such as weapons.
¿ When an automobile is believed to contain illegal contraband, an officer can search the vehicle if it is believed that a warrant cannot be produced before the car is relocated.

If you have recently been subjected to a search and seizure that you believe was preformed illegally, it is in your best interest to contact an attorney with experience. Your fourth amendment rights should never be violated.

These helpful suggestions regarding Arizona searches are provided by phoenix criminal law firm, LeMense Law.  If you have any questions about searches and your constitutional rights in Arizona, contact criminal defense attorney in phoenix Leslie LeMense at 877-231-0609, or contact us via e-mail.

5025 N Central Avenue
Suite 503
Phoenix, Arizona 85012