
By Attorney Cameron Weitzner and Paralegal Rachel Sweet
Among other things, the United States Constitution’s Bill of Rights provides several protections for those who are facing a criminal arrest or trial. However, in the heat of the moment, it may be hard to know whether your rights are being honored and to ensure that you are taking full advantage of them. Taking the time to learn about your constitutional rights and how to assert them can often help you avoid an arrest or conviction in the event that you have a run-in with law enforcement.
Fourth Amendment Protections from Unreasonable Search and Seizure
The Fourth Amendment protects your person, house, papers, and effects from search and seizure without a warrant or probable cause, and it also states that a warrant must be specific with regard to the property to be searched and the potential items to be seized. There are a few circumstances in which law enforcement is permitted to perform a search without a warrant in Wisconsin, but if an officer attempts to search you or your property, you should always ask to see a warrant first, and you should clearly state that you do not consent to a search without a warrant. If an officer proceeds without a warrant, with an invalid warrant, or in a way that exceeds the scope of the warrant, your attorney can help you challenge the validity of the evidence obtained.
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