How to Protect Against Unreasonable Legal Seizures

The Fourth Amendment of the Constitution protects citizens from unreasonable searches and seizures. Law enforcement officials may proceed with a search or seizure, however, if they feel that there is probable cause that a crime is being committed. By reviewing the concept of probable cause, you can exercise your rights and protect yourself against unreasonable legal seizures.

Instructions

Difficulty: Moderate

1. Protect yourself from unreasonable legal seizures by withholding consent. Without probable cause, law enforcement officials cannot search or seize your property or your person--unless you give them permission to enter and conduct the search. Law officers may try to bluff suspects on this point to see if they are completely aware of their constitutional rights.
2. Examine all search warrants thoroughly to protect yourself from unreasonable legal seizures. A search warrant should include a specific list of the areas that can be searched and the types of property that can be seized. Officers can expand the scope of their search only if probable cause exists, illegal items are viewed within plain sight or an additional search warrant is issued by the court.
3. Avoid unreasonable seizures by remaining calm. Acting suspiciously, attempting to hide evidence, moving suddenly toward officers or attempting to run away from officers may give them probable cause to search the rest of your property and seize items and individuals at their discretion.
4. Seek the services of an attorney in order to protect yourself against an unreasonable legal seizure. An attorney can examine a search warrant for errors and inconsistencies and determine whether or not it is valid and legal. An attorney can also protect your rights if law enforcement personnel have decided that probable cause is in effect.
5. Ask law enforcement officials if you are free to go during any search of your person or property. A legal seizure is defined as being forcibly held against your will. In many cases, you can protect your own rights by simply asking an officer if probable cause is in effect and whether you are free to refuse the search and seizure under the law.

Tips & Warnings

• Seizures may refer to individuals as well as property. A person may be subject to unreasonable legal seizure if she is arrested and taken to jail without being properly charged with a crime.