The Bill of Rights outlines our most fundamental rights as Americans, from the right to free speech to the right to vote. The Fourth Amendment is one of our nation’s most important civil rights, and pertains to unreasonable search and seizure, either of property or your person.
If you or a loved one suspect that another party violated your Fourth Amendment rights, you may be able to collect compensation for any damages you suffered. Contact the Georgia civil rights attorneys at ChancoSchiffer P.C. for a free review of your legal options.
The Fourth Amendment serves many important purposes, both in criminal and civil law. It protects personal privacy and ensures every person’s right to enjoy freedom from government intrusion into their daily activities. The Fourth Amendment barring search and seizure applies to your business, home, and even your car. There are several ways in which a police officer may violate your Fourth Amendment rights. The following are just some examples:
The idea that an officer may have probable cause serves as a direct defense to unreasonable search and seizure. Establishment of probable cause holds that a search or seizure was lawful, and that a civil rights violation did not occur. There are a few ways that a police officer can establish probable cause:
Probable cause is a vague and subjective term, and can be an essential point in determining whether you experienced a civil rights violation. A police officer cannot, for example, establish probable cause based on unreasonable factors such as race, creed, religion, or ethnicity.
Civil rights violations like unlawful search and seizures often involve the people who are sworn to serve and protect citizens. If a police officer participated in an unlawful search and seizure, not only is any evidence they obtained inadmissible in court, he or she could also face legal consequences.
Federal law prohibits peace officers from violating the constitutional rights of others, and holds that they may be liable for any damages that result from such violations. This gives victims of unreasonable search and seizure the right to pursue legal claims for any damages that arise. These damages may include medical bills from excessive force, lost wages from false imprisonment, or intangible losses such as pain and suffering.
The attorneys at ChancoSchiffer P.C. are committed to upholding civil law and holding those who violate it responsible. Contact us to schedule a free review of your legal options today.