A Guide To Search And Seizure Guidelines
Located in Atlanta, the attorneys at Cohen & Hirsch are dedicated to protecting the constitutional rights of Georgia’s citizens. Our attorneys have more than 20 years of combined experience standing up to illegal police practices. If your search and seizure rights were violated, we will fight to have tainted evidence thrown out and get your charges dismissed.
Our Attorneys Fight For Your Constitutional Rights
Federal and state laws prohibit unlawful search and seizure. Georgia has strict search and seizure guidelines police officers must follow when making a stop, frisking your person or searching your home or property. If these guidelines are violated, any evidence found must be withheld from court.
At Cohen & Hirsch, we carefully examine all of the circumstances leading up to and surrounding your arrest. If your constitutional rights regarding search and seizure were violated in any way, we will fight to have evidence thrown out and your charges dismissed.
Common Fourth Amendment search and seizure violations include:
- Warrantless searches
- Invalid search warrants
- Invalid arrest warrants
- Lack of probable cause
- Lack of reasonable suspicion
- Contextual reasons for a stop
Keeping Illegally Obtained Evidence Out Of Court
Individuals have a greater expectation of privacy in their homes. If police searched your home without a valid search warrant, all of the evidence garnered in that search is inadmissible in court.
Police must also have a valid reason to detain you, or pull you over on the road. After the stop, cops must have reasonable suspicion to believe you are engaged in criminal activity before frisking you, or searching your car. If you were pulled over for a contextual reason, or police lacked reasonable suspicion, any further search of your person or your car is invalid.
As a former prosecutor, attorney Jill Polster knows the tricks prosecutors and police use when attempting to introduce questionable evidence into court. Attorney Andy Cohen has more than a decade of criminal defense experience. Together, our lawyers work to block the admission of illegally obtained evidence, protect our clients’ constitutional rights and fight for our clients’ freedom.