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One of the biggest ways that law enforcement can get around your Fourth Amendment rights is by gathering evidence without conducting a “search.” If it’s not objectively reasonable for you to assume that something will be kept private, then the police can get it and use it as evidence without

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One of the most important Amendments to the United States Constitution, especially when it comes to your rights as a U.S. citizen in the eyes of law enforcement, is the Fourth Amendment. This Amendment prohibits the government – both the federal and the state – from conducting searches that are

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The Fourth Amendment prohibits searches and seizures that are unreasonable. While a lot of work as a criminal defense attorney revolves around what it means for a search or seizure to be “unreasonable,” there’s another question that comes up less often, but is just as important: What is a “search”?

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One of the trickier things about the Fourth Amendment’s prohibition of “unreasonable searches and seizures” is whether an act by the government actually constitutes a “search” or a “seizure.” If law enforcement finds evidence of a crime, but did not technically “search” for it, then the Fourth Amendment doesn’t protect

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Knowing your rights during a police investigation can make a huge difference in the outcome. Always keep in mind that the general rule of thumb is that police need to have a warrant to conduct a search or make an arrest. If police don’t have a warrant and want to

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