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Bad Search

Fighting a Bad Search for Gun Charges: Protecting Your Fourth Amendment Rights

Being arrested can be a life-changing experience that can leave you feeling defeated and hopeless. The legal process that follows an arrest can be overwhelming and confusing, especially if you are unfamiliar with your rights and the options available to you. One of the most common issues that arise during an arrest for gun charges is an unlawful search. The fourth amendment grants individuals the right to be free from unreasonable searches and seizures, but unfortunately, police officers do not always follow those rules.  Below, we will discuss the steps you can take to protect your fourth amendment rights and fight a bad search after being arrested.

Understanding the Fourth Amendment

It is important to understand the protective measures afforded to you by the fourth amendment. In general, police officers are not allowed to search you or your belongings without probable cause or a warrant. Probable cause means that there is a reasonable suspicion that you have committed a crime or are in the process of committing a crime. If the police do not have probable cause and they search you anyway, any evidence they find may be suppressed in court. Similarly, if they do not have a warrant and the search was not justified by probable cause, you may have grounds to fight the search in court.

Asserting Your Rights

If you believe that the police conducted an unlawful search, it is important to assert your rights. You have the right to remain silent and not answer any questions that the police may ask you. You also have the right to refuse a search of your person or belongings. Be firm and polite when asserting your rights and do not allow the police to intimidate you into giving up those rights.

Hiring an Attorney

If you have been arrested and believe that the police conducted an unlawful search, it is important to hire an experienced criminal defense attorney. A good attorney will review the circumstances of your arrest and will work diligently to have any evidence obtained through an illegal search suppressed. They may also bring a civil lawsuit against the police department or individual officer involved in the search to hold them accountable for violating your constitutional rights. 

Plea Deals and Trial

If you believe that the evidence against you was obtained through an illegal search, you should discuss your options with your attorney. In some cases, a plea deal may be the best option to minimize the potential consequences of a conviction. However, if the evidence against you is weak due to an illegal search, you may have a strong case to take to trial to fight the charges against you.  Remember, it is important to hire an attorney who is not afraid to take your case to trial if that is the best path in defending your case. 

Protecting Your Future

Protecting your fourth amendment rights is not only important for your current case but also for your future. A conviction can have long-lasting consequences, including difficulty finding employment, housing, and education opportunities. By fighting an unlawful search, you are not only protecting yourself but also sending a message that police officers must follow the law and respect the constitutional rights of all individuals.


Being arrested is a stressful and frustrating experience, but it is important to remember that you have rights that must be protected. If you believe that the police conducted an unlawful search during your arrest, do not hesitate to assert your rights and hire an experienced criminal defense attorney who is not afraid to fight all the way to trial. With the right legal representation, you can fight back against a bad search and protect your future from the consequences of a conviction. Remember to always stand up for your fourth amendment rights and hold the police accountable for any violations of your constitutional rights.  Contact Manosh Payette, LLC, because your future deserves the best defense

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Your rights, your freedom, and your future are at stake. Our dedicated team of career defenders at Manosh Payette, LLC is here to fight for you.

We offer a free case strategy session and will gladly discuss your case with you at your convenience. Contact us today to schedule a confidential consultation.