Unlawful Vehicle Searches and Seizures
The Bill of Rights is more than a faded piece of parchment on display in our nation’s capital; it is a list of crucial laws that preserve the rights of everyone in the United States. Even those who have been charged for engaging in criminal activity, such as the possession of illegal items or substances, are protected by at least one of the ten amendments within the Bill of Rights, which prevents illegal search and seizure, excessive bail or fines, trials by biased juries, and self-incrimination. In the video below, criminal defense attorney Carl Spector outlines the constitutional protections that apply to anyone who undergoes unlawful vehicle searches and seizures by the police in New Jersey.
In the state of New Jersey, if you are stopped by the police, and the police then search your motor vehicle and charge you with an offense such as possession of marijuana, you have three legal defenses at your disposal. You are entitled to the protections of the Constitution under the Fourth Amendment, which prevents unlawful search and seizure of private property, including unlawful vehicle searches and seizures. In addition, the Fifth Amendment absolves you of the responsibility to testify in your own criminal case, regardless of what you said to the cops during the arrest. The police’s case against you will be substantially weakened if your stop was illegal in the first place and was not based on probable cause. Though you have been caught in possession of an illegal substance or item, the context of the stop and the protections granted by the Bill of Rights will prove to be to your benefit.
If you or a loved one were pulled over and the police performed unlawful vehicle searches and seizures, you have legal defenses at your disposal. To fully understand your rights under the law, contact our office for a free confidential consultation.
As a former New Jersey Municipal Prosecutor and a former New York City Prosecutor New Jersey criminal defense lawyer Carl Spector has unique experiences that few other attorneys can claim because he has viewed cases from both sides of the fence. And because of this experience, your chances of receiving a positive outcome can be greatly enhanced.
New Jersey Criminal Defense Attorney Carl Spector will aggressively fight for you and your rights. Let his experience work for you.