Proving an illegal search and seizure

On Behalf of | Oct 18, 2019 | Types Of Asset Forfeiture

Being subject to asset forfeiture often feels unfair and unjust to those who have been affected by it, and sometimes, it is. Unfortunately, asset forfeiture, the practice by law enforcement officials of seizing assets that are suspected to be involved in a crime, is a controversial act that is viewed as a form of corruption by many.

If you feel that you have been unfairly treated by law enforcement officials after a search and seizure, you must consider whether the situation you were subject to was legal. The following are ways that you may be able to prove that the search and seizure was illegal.

A search should not intrude on a person’s privacy

If your home was searched, a search warrant is usually required by law enforcement. A search should not intrude on a person’s privacy. Therefore, if your property was searched when you had a reasonable expectation of privacy, the search may be found to have breached your rights under the Fourth Amendment.

When can a car be searched?

A vehicle can only be searched if law enforcement officials have a probable cause to believe that the vehicle contains evidence of criminal activity. The driver must also be in reaching distance of the passenger compartment at the time of the search.

When can assets be seized?

Law enforcement can seize assets if they have a reason to suspect that they were involved in a crime. Unfortunately, this does not have to be proven.

Those who have had assets seized can face significant challenges when trying to regain them. You should take swift action if you want to prove that you were subject to an illegal search and seizure.