What To Know About Illegal Search And Seizures

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Almost everyone gets stressed out when they are stopped by law enforcement. Unfortunately, that can make it more likely that you won't understand your rights when it comes to search and seizures. If you end up arrested because of an illegal search and seizure of you and your vehicle, you may have what it takes to have your case dismissed. Read on to find out about two important aspects of search and seizures: grounds and how to take action when it happens to you.

What Is Meant by Grounds?

As the word might suggest, grounds are the rock-bottom basics of an arrest. Without grounds, everything that happens afterward is illegal and cannot be used for a valid arrest. Grounds might be thought of, in simple terms, as good reason and may also be referred to as probable cause. There are only so many reasons available to law enforcement when they want to make a vehicle stop. They cannot, for example, stop you because they notice you are driving an unusual vehicle. Grounds are either the result of a traffic infraction, obviously breaking the law, or based on information from a "be on the lookout" (bolo).

Grounds also come into play as far as the search and seizure is concerned. Even when law enforcement has grounds to make a stop, grounds are again necessary to perform a search. Take a look at a few examples of grounds to make a stop or perform a search:

• Law enforcement officer (LEO) observes a driver speeding.
• LEO observes a driver exhibiting nervous and suspicious behavior during a stop.
• LEO observes a weapon in plain sight on the back floor of a vehicle.
• LEO smells the odor of marijuana or liquor on the breath of the driver or in a vehicle.

When It Happens To You

It cannot be emphasized enough the need to cooperate with law enforcement no matter what. You must comply with the LEO or you might find yourself charged with resisting arrest or worse. Here is what else to know:

1. You must show identification to the LEO or provide other identifying information.
2. You have the right to refuse a search but it might happen anyway. You will be on record as refusing, however.
3. If you are placed under arrest for any reason, LEO now has automatic permission to search you and your vehicle (search pursuant to an arrest).
4. Finally, if you have been arrested, you will need the help of a criminal defense lawyer to help you prove your case. Speak to a criminal defense attorney at your earliest convenience.  

11 November 2020