ILLEGAL SEARCH & SEIZURE
PRACTICE AREAS
Shreveport, Louisiana Illegal Search and Seizure Attorey
4th Amendment Lawyers Dedicated to Protecting Your Constitutional Rights
If you’re searching for a Northwest Louisiana illegal search and seizure attorney, you’re likely facing serious legal issues and need answers fast. At The Law Offices of Michael J. Vergis, we understand how overwhelming it can be to face criminal charges after a police search, especially when you believe your constitutional rights were violated. Michael J. Vergis is a trusted civil rights and criminal defense lawyer who is committed to defending individuals throughout Shreveport, Bossier City, and surrounding areas in North Louisiana.
Under the United States Constitution, the Fourth Amendment protects you from unreasonable searches and unlawful seizures. When police officers act without a search warrant, probable cause, or consent, any evidence obtained may be challenged in court.
If you’re facing charges after what you believe was an illegal search and seizure, don’t wait. Call (318) 698-3724 or contact us online to schedule your free consultation today.
What Amendment Protects You From Unreasonable Searches and Seizures?
The Fourth Amendment of the U.S. Constitution defends against unreasonable searches and seizures by local police officers or other government officials. This means that under federal law, police are typically required to have a valid search warrant signed by a judge before they can enter your property, search your belongings, or seize any items. A warrant has to be based on probable cause, which means there must be a strong reason to believe a crime has been committed.
Without a warrant or your consent, most searches are not allowed, unless there are exigent circumstances like the hot pursuit of a suspect or a reasonable suspicion that someone is in danger.
If the police conduct a search and seizure without following the law, the evidence obtained might not be used in a criminal trial.
Common Situations That Involve Search and Seizure Violations
Warrantless Searches
In most cases, police officers must have a valid search warrant to legally search your home, vehicle, or personal belongings. However, there are exceptions, such as a medical emergency or when incriminating evidence is in plain view.
If none of these exceptions apply and officers search your property without a warrant or your consent, it could be considered a violation of your constitutional rights.
Invalid Warrants
Not every warrant is valid under Louisiana law. A search warrant must be based on clear probable cause, meaning law enforcement must provide sufficient reasons to demonstrate that a crime has occurred or is occurring.
If officers mislead the court, rely on inaccurate information, or conduct a search that goes beyond the scope of the warrant, the search may be deemed illegal. This can have a significant impact on your criminal charges, as improperly obtained evidence could be disregarded in court.
Searches Without Probable Cause
Probable cause means that police must have a reasonable belief that a crime has been committed before conducting a search. When officers act based on weak suspicion, assumptions, or bias, they may be violating your constitutional rights.
Whether it’s your home, car, or even your pockets, any search lacking clear probable cause could qualify as an illegal search and seizure.
Unlawful Traffic Stops
A traffic stop is considered a seizure under the Fourth Amendment, so police officers must have a clear reason to stop your car. They either have to witness a traffic violation or have reasonable suspicion of illegal activity. If an officer pulls you over based on a feeling or conducts a vehicle search without probable cause or consent, it’s likely a violation of your Fourth Amendment rights.
Excessive Searches During Arrests
During an arrest, police officers are allowed to search a person for weapons or evidence to protect themselves and prevent anything from being destroyed. However, some officers go beyond what the law permits and carry out searches that are overly invasive or unjustified. This kind of police conduct violates your reasonable expectation of privacy and breaks federal search and seizure laws.
Illegal Seizures of Personal Property or Evidence
Under Louisiana law, police can seize property they believe is connected to a crime, provided they have probable cause and follow specific legal procedures. This usually includes requesting a warrant of seizure from the court and submitting a sworn statement to justify the seizure. In certain cases, exigent circumstances may apply, allowing officers to seize property without a warrant.
Unfortunately, illegal seizures happen frequently in criminal cases because police often ignore necessary steps or act without proper legal grounds. In these situations, Louisiana courts may rule the seizure unlawful and order the property to be returned.
How an Illegal Search Can Affect Your Criminal Case
An illegal search can have a major impact on your criminal case. If police officers illegally conduct a search, your criminal defense attorney can challenge it by filing a suppression motion with the court. If the judge agrees that your constitutional rights were violated, the evidence obtained may be thrown out under the exclusionary rule, meaning it cannot be used against you at trial.
Without that evidence, the prosecution’s case may fall apart, which can lead to reduced charges, more leverage in plea negotiations, or even a complete case dismissal. Proving an illegal search can potentially help you avoid a criminal record and the severe consequences that come with a conviction.
Can I Sue for Illegal Search and Seizure?
If you were the victim of an illegal search and seizure, you may be able to file a civil lawsuit while defending against your criminal charges.
Michael J. Vergis is not only an experienced criminal defense attorney but also a trusted Shreveport civil rights lawyer. This means he can defend you in criminal court and also pursue civil claims against the government agencies that violated your constitutional rights.
A civil lawsuit could help you recover damages for financial losses, emotional distress, or other harm caused by the illegal search and seizure. Having an attorney who handles both criminal defense and civil cases can give you a unique approach to protecting your rights.
Civil Rights Violations and Police Misconduct
When police officers conduct an unlawful search or abuse their power, it can quickly become a serious violation of your fundamental rights. Everyone deserves fair treatment under the law, and when law enforcement crosses the line, it’s important to hold them accountable.
Illegal searches, seizures, or excessive force by police officers are not just criminal defense issues, they’re also civil rights issues. As a Shreveport police brutality attorney, Michael J. Vergis can protect your rights and help you seek justice for police misconduct.
How Illegal Search and Seizure Lawyers Like Michael Vergis Can Defend Your Rights
When you’re accused of a crime and believe police officers violated your rights during a search and seizure, it’s important to have an experienced attorney who can protect you on all legal fronts. As a Shreveport criminal defense lawyer and civil rights attorney, Michael J. Vergis provides strong legal representation. Whether you’re facing drug charges, violent crime allegations, or serious federal charges, he has the experience to challenge unlawful police conduct and push back against evidence that was obtained illegally.
Attorney Michael J. Vergis brings years of experience working in Caddo and Bossier Parish courts, giving him valuable insight into how local prosecutors, law enforcement, and judges handle these cases. He knows how to use that knowledge to your advantage, especially when the evidence obtained during the search is a key part of the prosecution’s case. With a deep understanding of constitutional law and police procedures, Michael can identify violations of your fundamental rights and take action, such as filing a suppression motion to block illegal evidence or pursuing a civil lawsuit for damages.
His approach focuses on developing robust defense strategies that expose weaknesses in the state’s case and fight to reduce or dismiss your criminal charges. Whether you’re dealing with a local offense or federal-level legal challenges, Michael J. Vergis has the tools and experience needed to defend your rights and give you the best chance at a fair outcome.
Speak With an Experienced Shreveport Illegal Search and Seizure Lawyer Today
If you’re facing charges after an unlawful police search, it’s important to get legal help immediately. At The Law Offices of Michael J. Vergis, we provide strong representation for clients in Shreveport and throughout North Louisiana. When your rights are at risk, you need an experienced criminal defense lawyer like Michael J. Vergis who will stand up for you and challenge illegal police actions.
Let us help protect your future. Call our Shreveport law office at (318) 698-3724 or reach out online to schedule a free consultation today.
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