Illegal Search and Seizure

Illegal Search and Seizure Attorneys Who Fight for Philadelphia Residents

 

Were Your Fourth Amendment Rights Violated?

The Fourth Amendment to the U.S. Constitution gives citizens the right to be free from unreasonable search and seizures. If your home, car, other property or body has been unlawfully searched, your civil rights have been violated, and we can help.

Many people are not aware that they can sue the police and seek compensation if their Fourth Amendment rights have been violated. At Abramson & Denenberg, P.C., we advocate for victims who have suffered acts of police misconduct in Philadelphia and the surrounding communities. Our family-owned law firm has been in business for more than 50 years, and you can trust our reputation for aggressively protecting your rights.

Alan Denenberg leads our firm’s police misconduct and criminal defense practices. He previously worked as a city solicitor, handling claims against the police from the other side. This experience gives him an insider’s perspective that he uses to his clients’ advantage.

Did Police Obtain A Search Warrant Or Consent?

Police are only allowed to search your home or property if they have a warrant or exigent circumstances based on probable cause. This means that the circumstances leading to the search could lead a reasonable person to believe you committed a crime.

Even if the police discovered — during an illegal search — that you did commit a crime, you still may have a civil rights case against the police.

Evidence that is gathered illegally cannot be used against you. A skilled lawyer will work to make sure that any resulting charges against you are dropped and potentially pursue a false arrest claim against the police.

How Do I Know If I Have A Case?

If you think you have been subjected to an illegal search and seizure, schedule a free consultation with an attorney at our law firm as soon as possible. There is no obligation to hire us and what we discuss during the consultation will remain confidential.

We handle civil rights claims on contingency. You pay nothing unless we win compensation for you. Call 215-398-7066 or fill out this form to contact our firm.

Evidence Obtained Via an Illegal Search and Seizure Cannot be Used Against You in Court

When a police officer violates your civil right to privacy under the Fourth Amendment when searching for your home, vehicle, or business, you may be entitled to compensation through a civil rights lawsuit. To obtain compensation, you will need to prove that the evidence obtained against you should be thrown out because it came from an illegal search and seizure. The attorneys at Abramson & Denenberg, P.C. can help you determine whether an illegal search and seizure occurred in your case. If an unlawful search and seizure occurred, one of our attorneys will create a plan of action to build your case.

Every case is unique, and we will investigate the evidence surrounding the arrest, traffic stop, or other incident that led to evidence being gathered against you. We will consider the circumstances in the traffic stop that led to you being charged with a DUI. If your home was searched, we will carefully investigate the basis for the search warrant affidavit used by police officers to search and seize illegal drugs or other contraband. We have successfully helped countless Philadelphia residents argue that evidence against them should be suppressed based on an illegal search and seizure. 

Did the Police Engage in an Illegal Search and Seizure in Your Case?

Police officers do have a right to engage in reasonable searches and seizures. For a search and seizure to be considered reasonable, one of the following must apply:

  • A valid search warrant
  • Consent
  • A valid warrantless search

Police officers need to have probable cause to believe that evidence of a crime is located in a particular place, such as a home, before obtaining a proper search warrant. Search warrants need to describe the area that should be searched with particularity. They cannot be too general. They also need to state with particularity which items should be seized. Search warrants that are too vague, general, or wide-open are unconstitutional. Evidence gained from them can be struck down.

Additionally, if a person consents to have their home, person, or vehicle searched, law enforcement officers no longer need a warrant. However, the search is unreasonable when someone consents to the search of a property who does not have the authority to do so or the police wrongfully coerced someone into giving consent.

Finally, searches and seizures can be reasonable if one of the exceptions to the warrant requirement is involved. In certain emergency cases, police officers can search property without a warrant, but these are rare and officers have been known to abuse these exceptions. 

How a Philadelphia Illegal Search & Seizure Attorney Can Help You

As you can see, the law regarding illegal searches and seizures is complicated. There are several exceptions to the general warrant requirement. Civil rights cases are heavily dependent on the evidence and facts in each unique case. If you have been subjected to an illegal search and seizure, you need an attorney who is skilled in handling complex civil rights cases. At Abramson & Denenberg, P.C., we understand search and seizure law and how federal and state statutes and cases affect it.

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