Most people trust the police and, in general, that’s okay. With that said, they are still people and there are times in which police officers will knowingly or unknowingly violate your rights. It’s extremely important to both understand your rights and the fact that you have legal recourse in situations in which your rights have been violated.
Below is more about your Fourth Amendment right that protects you against search, seizure, and excessive force.
If you believe your Fourth Amendment right has been violated, reach out to Colucci Law Group for support today!
What Is Your Fourth Amendment Right?
In a nutshell, the Fourth Amendment states that you will not be subject to unwarranted searches and seizures or excessive force. To be specific, the text says:
“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.”
As for the use of excessive force, the United States Courts of the Ninth Circuit stated that:
“Under the Fourth Amendment, a police officer may use only such force as is ‘objectively reasonable’ under all of the circumstances.”
There are legal scenarios in which police officers are permitted to use force. With that said, their use of force must be reasonable for the situation at hand.
What is an Unreasonable Search and Seizure?
As per the Legal Information Institute at Cornell:
“An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3) extending the authorized scope of search and seizure.”
So, as an example, if a police officer shows up at your door and pushes their way past without probable cause or a warrant to search your property, they are infringing on your Fourth Amendment right and you have legal recourse to combat these infringements.
Colucci Law Group helps to protect the rights of those who have been the victims of rights violations, and we ensure our clients get the justice they deserve in these instances.
About Colucci Law Group
Colucci Law Group consists of legal experts who provide clients with support to fight bad faith claim denials. We will provide you with an outstanding property insurance lawyer to represent you in a suit against your insurance provider. We are also able to file your claim for you and defend your rights, so you get the settlement that you deserve.
Colucci Law Group also stands up for those whose Fourth Amendment right has been violated. If you have been the victim of an unwarranted search and seizure and/or you have been the victim of excessive force perpetrated by an officer of the law, reach out to Colucci Law Group for support.
For a free consultation, email us or call our Dunedin office at 727-733-9438. You may also call our Fort Myers office at 239-378-7800. Our team assists victims of bad-faith insurance claims and Fourth Amendment right violations across the state of Florida.