Oklahoma Search and Seizure Laws
The Fourth Amendment to the U.S. Constitution states that we have a right to be free from “unreasonable searches and seizures.” While this remains one of the most important and fundamental rights afforded to us as Americans, it’s important to understand that there are situations in which police officers can legally search your person or property and seize evidence or contraband.
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When Is Search and Seizure Legal?
A lawful search and seizure can take place under the following scenarios:
- Search by consent: A search is lawful if a law enforcement officer asks you for permission to search your person, your vehicle or your home and you give consent.
- Search by warrant: If a law enforcement officer believes a search can be justified, he or she may prepare an affidavit stating the reasons why it should be allowed and present those reasons to a judge. If the judge agrees, a search warrant will be produced and a lawful search may be conducted of the area(s) specified in the warrant.
- The Plain View Doctrine: This doctrine states that if a law enforcement officer is in a place that he or she has a legal right to be and witnesses something illegal, that officer is legally justified in conducting a search.
Unlawful Searches and Motions to Suppress
Evidence that is seized in the course of an improper search may not be admitted at trial. If a search was conducted unlawfully, a defense attorney must submit a motion to suppress the evidence, and the court should then rule the evidence inadmissible.
Call the Hunsucker Legal Group at (405) 544-2992 to schedule a free, no-risk case consultation today.
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DEFENDING OVER 500 CRIMINAL CASES A YEAR John Hunsucker, Director on the Board of the Oklahoma Criminal Defense Lawyer’s Association
With decades of courtroom experience, John Hunsucker leads one of Oklahoma’s most respected criminal defense teams. As a former prosecutor and seasoned trial attorney, he brings unmatched insight and strategy to every case. John and his team prioritize continuing legal education and advanced training each year, ensuring they remain at the forefront of criminal defense not just across Oklahoma, but nationwide.
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