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Tennessee Criminal Defense Lawyer

Protecting the rights of those facing illegal search and seizure

There are certain rights all Americans enjoy. One is the right to be free from “unreasonable searches and seizures.” The Fourth Amendment of the U.S. Constitution ensures this right for all citizens. If you have been the victim of an unlawful search and seizure at the hands of law enforcement, contact the Law Office of David L. Scott. Dedicated Tennessee criminal defense attorney David L. Scott works tirelessly to ensure your legal rights are protected.

What is an illegal search and seizure?

The Fourth Amendment of the U.S. Constitution states that every American has the right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Practically speaking, this means that law enforcement cannot search you or your property without a warrant.

In Tennessee, a search warrant must be executed within five days of being issued. No warrants are issued without probable cause. Probable cause means that, based on the evidence, there is a reasonable belief that a crime has been committed. If there is no probable cause, a law enforcement officer must get a warrant before search or seizure. You have every right to deny a search or seizure until a warrant is issued.

In Tennessee, there are several exceptions to the requirement of a warrant for a search.

·         A motor vehicle may be searched by an officer as long as there is probable cause that a crime has occurred or is in the process of occurring.

·         If an officer has probable cause and there is an urgency for action to immediately be taken, the officer may undertake a warrantless search.

·         An officer may “stop and frisk” a person if he or she has a “reasonable suspicion” of wrongdoing to make sure the person is not armed.

·         A parolee may consent to unannounced warrantless searches as a condition of their parole.

If there is no warrant or the situation does not fall into one of the above warrant exceptions, then your Fourth Amendment rights to be free from unlawful searches and seizures has most likely been violated. Sometimes, the issuance of the warrant itself may be challenged based on lack of probable cause. If a Fourth Amendment violation has occurred and you are in the midst of criminal proceedings, a motion to suppress the evidence collected as a result of the unlawful search may be granted. It all depends on the circumstances surrounding the search.

Overzealous law enforcement officers can often lead to knowing and unknowing violations of the Fourth Amendment. Know your rights and take steps to protect them.

Contact an experienced Tennessee criminal defense attorney if you feel your rights have been violated in an illegal search and seizure

When someone’s Constitutional rights have been violated, it undermines the very principles upon which the U.S. was founded. If you have been the victim of an unlawful search or seizure, Tennessee criminal defense attorney David Scott is here to defend you. Any evidence gathered against you as a result of an illegal search should be inadmissible in court. Contact the Law Office of David L. Scott today by calling 615-896-7656 or contact us online to schedule a confidential consultation.
 
 
 

 

 

2 Locations to Serve You

722 South Church Street
Murfreesboro, TN 37130

Phone: 615-896-7656

Map and Directions

 

4322 Harding Pike #417
Nashville, TN 37205

Phone: 615-203-8062

Map and Directions


 

Based in Murfreesboro, Tennessee, we are pleased to serve clients throughout Middle Tennessee in Murfreesboro, Smyrna, Franklin, Brentwood, Nashville, Woodbury, McMinnville, Manchester, Shelbyville, Lebanon, Mount Juliet and other communities in Rutherford County, Williamson County, Cannon County, Bedford County, Davidson County, Wilson County and Coffee County.

 
     

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