When Does the 4th Amendment No Longer Protect You?

The 4th Amendment of the US Constitution protects citizens from unreasonable searches and seizures of property that may incriminate a person. Police must first go through the courts to obtain a warrant before they can rifle through a person’s private property for evidence in a criminal case. If this right is violated, a person may take legal action to have that evidence thrown out of their criminal case.

If you believe you should be protected under the 4th Amendment, you may want to consult a legal advisor to learn more about the limitations of this legal protection. For more information regarding your options, contact the New Jersey criminal defense lawyers of Jason A. Volet, LLC, at 732-503-8968 today.

Limitations to the 4th Amendment

In some cases, the 4th Amendment cannot extend Constitutional protection to a person’s right to privacy. These limitations include the following:

#1: Was there a right to privacy?

In many cases, a person may attempt to cite the 4th Amendment despite not actually having privacy rights. For example, a person who explicitly signs away their privacy rights as a part of an employment or housing agreement may not cite privacy rights later.

#2: Was the right to privacy cited a reasonable claim?

In some cases, a person may technically have a right to privacy in an extreme situation. However, the court may determine that the right to privacy a person cites can be unreasonable. In these situations, a person is not protected by the 4th Amendment and may have their property searched or taken by the police.

Contact Us

If you have been arrested on criminal charges, it is strongly advisable to consult with a skilled and experienced attorney without further delay. Contact the New Jersey criminal defense attorneys of Jason A. Volet, LLC, by calling 732-503-8968.