Search Warrants in New Jersey Criminal Cases
Criminal Defense Attorney in Passaic County, New Jersey
The Fourth Amendment to the United States Constitution guarantees certain rights to its citizens related to their personal privacy. Included under the umbrella of personal privacy are the standards by which search warrants must be issued and executed. If actions are taken which violate the specific procedures related to securing warrants for searches and seizures and executing such warrants, these actions may constitute violations to the individual’s constitutional rights. You are protected against illegal search and seizure. This is true regardless of the criminal offense – whether it is a drug crime, a weapons offense, or some other charge.
Alissa D. Hascup is a criminal defense attorney who represents clients throughout New Jersey, including Paterson, Totowa, Wayne, Clifton, and Passaic County, who seek to have criminal charges dismissed because violations of their constitutional rights were committed with respect to search warrants. Hiring Ms. Hascup will ensure that the State’s case is attacked and any evidence that was obtained illegally or is potentially impermissible (in contravention of your rights) is suppressed.
Clifton NJ Search Warrant Defense Attorney
The Fourth Amendment to the United States Constitution outlines:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
It is clearly stated that warrants issued must specifically describe the place to be searched or the persons or things to be seized; this specification is known as the particularity requirement. Ultimately, the particularity requirement involves three distinct factors that the warrant must adequately address: the place to be searched, the item or items to be seized, and if appropriate, the individual to be searched or seized.
Although a search warrant may authorize the search of a specific place, it does not necessarily allow for searches of the individuals present while the warrant is being executed. However, officials are generally within their rights when detaining an owner or occupant of a specific place if they are in the process of obtaining evidence which would lead to the arrest of said individual. If the warrant authorizes the search of a public place, individuals present are immune from searches unless probable cause is established that there is reason to believe that a specific person committed or is about to commit a crime.
Contact a Wayne NJ Search Warrants Lawyer to Discuss Your Case
If you are facing criminal charges and believe that a warrant related to your case may have been in violation of your constitutional rights, contact Alissa D. Hascup. She is available anytime for an initial consultation, which is always provided free of charge. She is ready to fight for you and will work zealously and aggressively to assist you in obtaining the best possible outcome. Call or email her today to discuss your case.