Somerset Illegal Search and Seizure Attorney
Pennsylvania lawyer fights to protect your Fourth Amendment rights
If you have been arrested after a police search of your person, home or vehicle, you risk exposure to criminal prosecution based on evidence that may have been unlawfully obtained. Improper law enforcement procedure can have serious consequences, including convictions with harsh penalties and a criminal record that affects your future. That’s why you need a knowledgeable and determined legal advocate in your corner. At the firm of Matthew R. Zatko, Attorney at Law in Somerset, I am committed to challenging evidence collected in violation of your constitutional rights and ensuring you receive the rigorous defense you deserve.
What is search and seizure?
“Search and seizure” refers to a law enforcement inspection of your person, home, vehicle, belongings or other property. These inspections are meant to look for evidence of a crime and take possibly possession of items believed to be connected with illegal activity. This may occur during a traffic stop, at your residence or workplace, or even on the street. The law sets strict boundaries for when and how police may conduct searches and seize property, balancing the interests of public safety against your right to privacy.
What can make a search illegal in Pennsylvania?
Both the U.S. Constitution and Pennsylvania law protect individuals from unreasonable searches and seizures. A search or seizure is unreasonable if it occurs without a valid warrant supported by probable cause, unless a specific exception applies. Common examples of violation include police acting without sufficient reason to suspect a crime (such as drug possession), executing a search warrant that lacks foundation or conducting a search under the pretext of an emergency that doesn’t exist. Also, a search becomes illegal when officers exceed the scope of what is authorized by warrant or use excessive or unjustified force.
Understanding and asserting your rights
As a Pennsylvania resident, you have rights regarding searches of your person, your home, your personal effects, vehicles and even your electronic devices. Police generally need a judicial warrant to search your home, and you have the right to refuse consent for any search if no warrant or valid exception exists. Similarly, protections exist for your vehicle and digital data, though there are unique rules that may overcome the presumption of privacy. Asserting your rights politely but firmly can be critical. An experienced lawyer can challenge unlawful searches and make sure your rights are protected throughout the legal process.
What happens if police violate your rights?
If law enforcement gathers evidence through an illegal search or seizure, several legal remedies may be available to you. Legal remedies may include:
- Suppression of evidence — Illegally obtained evidence cannot be used against you in court.
- Dismissal of charges — If the prosecution’s case relies substantially on excluded evidence, charges may be dropped.
- Return of property — Unlawfully seized items must be returned.
- Civil rights claims — You may have grounds to sue for damages stemming from the violation.
My firm aggressively pursues all remedies as soon as violations are apparent, potentially leading to reduced charges or a stronger bargaining position during plea negotiations.
Contact an aggressive Pennsylvania criminal defense attorney
If you’ve been charged with a crime, you need a skilled Pennsylvania attorney on your side. Call Matthew R. Zatko, Attorney at Law in Somerset at 814-443-1631 or contact me online for a consultation.
