citizen, the 4 th Amendment protects you from anyinvasive search performed without a warrant and probable cause – with certain exceptions. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.” Your Rights Under The 4 th AmendmentĪs a U.S. Law enforcement agents may conduct searches to find evidence that a crime has been committed or to locate a particular person they believe committed the crime.īut the federal and state constitutions, as well as statutory and case law, impose limits to where, when, and how law enforcement officials may conduct searches, with and without warrants. Get started on your free consultation today, call Michael Moran & Associates, LLC! What is a Search?Ī search is an act by a government agent, like a police officer (or someone acting under the direction of law enforcement, i.e., under color of law), that intrudes on your privacy – the privacy of your person, your home, your car, or your personal effects. Having legal representation that is up to speed on recent developments and trends in the law is therefore extremely important and may affect the outcome of your case. Those interpretations and applications, though guided by legal precedent, are often quite fluid. While these constitutions provide a baseline for search requirements, it is the appellate courts – both federal and state – that interpret the meaning and application of constitutional law in the context of individual cases. When and where police are allowed to search and what they may seize is defined by the 4 th Amendment to the Constitution of the United States and the Georgia Constitution, which has similar language, but provides for even broader protections in some areas. We have all asked the question, “Can the police do that? ” This article focuses on the law of search and seizure in Georgia. If you have ever been stopped by police - for a minor traffic violation or for a more serious offense - you have wondered about your rights.
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