Information about the Fourth Amendment and Guidance from LKDLAW
In order to attempt to qualify for the protections provided under these guidelines, a person must then prove that a justifable expectation of privacy was then violated by the government.
Resulting damages from unlawful Search and Seizure is filed under the Bivens action when a Constitutional violation is proven to have taken place.
This is why it is very important to document everything, if possible any recordings you can take during an incident showing damage taking place, as well as the resulting aftermath video is also very useful if not critical evidence that our law offices of LKDLAW can use to help support your case.
However, The Constitutional Fourth Amendment Rights can be waved at will, completely negating their validity just by the consent of a search. This is why it is important to seek council immediately, and also to keep your mouth shut. The best lawyer in the world can't dig you out of a hole your own mouth digs, so this might be the best advice you will read on the internet. Remember, "Shut your face, if you want to win the case!"
Do not give consent without seeking legal advice first
Call our offices immediately if you feel you have had your Constitutional Rights violated!
Once lawfully arrested it is possible that you will be searched along with all of your immediate property. But its essential that if given the option to give consent to any search that you deny that, but be aware if arrested, you likely will have your property searched.
Objects being searched are in plain view allow for Warrant-less search and seizure.