What Are People’s Rights For Searches and Seizures?

The Fourth Amendment to the United States Constitution and Article I, paragraph 7 of the New Jersey Constitution assure citizens their right to be secure in their person, houses, papers and effects against unreasonable searches and seizures. Few areas in the criminal law have generated more opinions, or more controversy, than the area of search and seizure. The touchstone of the courts’ analysis of these issues turns on the reasonableness of the search or seizure, which in turn hinges on whether an individual had a reasonable expectation of privacy which was violated by the search or seizure. Katz v. United States, 389 U.S. 347, 350 (1967); State v. Hempele, 120 N.J. 182,  198-200 (1990) (dispensing with the need, under New Jersey law, for a defendant to have subjective expectation of privacy). Any evidence seized during an invalid search, as well as any derivative evidence obtained, is inadmissible as “fruit of the poisonous tree.” Wong Sun v. United States, 371 U.S. 471, 484-485 (1963).

If you or your family has had an unreasonable search or seizure of your personal property, vehicle or person, speak with a qualified criminal lawyer who is experienced in handling criminal matters. The attorneys at Aiello, Harris, Abate have the experience and knowledge to protect your rights and defend you against criminal charges.